Kitty,
I find it interesting that TOY has not filed for a re-examination, nor has it filed a counter-suit.
I hear your pitch on the choices an infringer has to take inorder to resolve such litigation favorably, but... Personally, I think you're basing your arguement on odds, numbers and percentages rather than a case by case basis.
TOY does not appear to be getting very aggressive with this litigation, "yet". Maybe it's because of the stage that the due process is currently in. Maybe it's NOT. Only time will tell.
But this looks like a pretty solid infringement to most people, and SOLM has a whole array of patents under the same umbrella of gear technology.
Every case does not follow the same course of events.
