doesn't have to be concerned with the Markman hearing outcome. If they are partnering using the new technology or new patents they may not even care about the old patents that are going to trial. They could be thinking if things go EDIG's way with the Markman all the better, but the new patents are better. New and improved!!! An investment in the future not the past.

Not saying that a partner is a sure thing, just that a new partner may have a viewpoint that is not so limited.