JCG: I agree this could be the outcome. You mention Europe - the market is growing rapidly and does so without the litigation. The US is not growing - with the litigation.
I read a comment yesterday about jury selection for a patent case. They are selected as any other jury. They have no special knowledge. Any patent attorney will advise their client that a jury trial is a risk because the issues are so complex.
One final commment: there is a sentiment here the EFF was one of the bad guys. IMO, they did us a big favor. NeoMedia had the wonderful opportunity to adjust their patent based on new information. The patent coming out of the re-exam is truly distinguishable over the prior art. Without the EFF, I think NeoMedia was facing an uphill battle.
No company ever litigated themselves to greatness.
It seems I am the minority on this opinion on this board. I will let it rest and we can see how it plays out.