Why would they settle when they can invalidate the patents at the Appellate Level? There about 5 Justices sitting on the US Court Of Appeals that are still trying to figure out what email is really for. I've seen perfectly good combinatory patents that have survived the PTAB get squashed by the mini court (CAFC). No reason to settle when another $10 million thrown to attorneys over 5 years may kill the whole thing.
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