First of all, I wasn't trying to make you sound foolish. I was pointing out that you didn't necessarily know what was best.
VP took a different approach than you thought they should. We really don't know how your approach would have worked out.
Would the "small infringer" you suggested have been able to move the case to NDCA? Would VP still have faced an Alice 101 ruling even with a tiny infringer? And an Appeals court battle with judges that didn't have a clue? (THAT's what killed the awesome momentum VP had, btw, NOT the size of the infringer they battled... IMHO) Would VP have gotten cases moved over to Waco where the big money cases have a chance?
Sounds like Monday morning quarterbacking to me... and really, we don't KNOW how it would have played out... maybe an even LONGER road??
Bottom line... they took the road they did... and I think they truly ARE in the BEST POSITION EVER. Not because the PPS is the highest it's ever been, but because they have been closing off the escape routes for the other side every step of the way. Back then VP's position was HOPEFUL. VP's position now is STRONG. The infringers will be FORCED to settle because there will be no other way out for them.