"Seems to me the trend very very recently is to resolve these issues, as the penalty for ignoring them is increasingly inescapable."

It is a whole new world/economy, and your point is well taken. It now appears the strategy of settling early may be the wiser path, as opposed to working the enemy to the death, only then to be saddled with HUGE penalties in a poor economic environment.

With patent trolls and bubble survivors hanging on to their PATENT claims, awaiting what is due them, the infringers may just be beginning to realize that this is the path of least resistence.

As you say, EDIG's timing and pathway may just prove to be on target.

The Markman should go a long way to further this concept.

Ducks lined up and fingers crossed.