FINAL THOUGHTS:

These well-heeled lawyers are not working for free! If you look at Matthew Power's firm, Weil, Gotshal & Manges LLP, you see that this is an international firm of "more than 1,100 lawyers" headquartered in New York, but with offices all over the world! It's huge! (Even Susman Godfrey pales in comparison.) Their representation of Apple is costing a ton of money, and we are just getting started.

Burst's four firms are also expending a fair amount of money, although the "silent" participation of Hosie's firm and Carr & Ferrell may indicate minimal work on their part. They now have expended quite a bit with Bershad (over 100 hrs. paid) that must be duplicated with another expert. Etc., etc. The Burst team during the Microsoft case had put in over $3MM in legal work as they approached the Spoliation hearing. I would guess it will be close to a similar amount as we pass through this Markman.

Baring a disaster in the Markman for either Apple or Burst, the two sides will be on track to spend millions of dollars more to prepare for trial. I don't really know which side has the most to lose. The pressure to NOT LOSE will be huge! I can imagine that if you are a Parker Folse or a Matthew Powers, you are keenly aware of the cost to your reputation if you take a humiliating loss at trial. So between the cost in resources expended and the cost to one's reputation, each legal team will be under enormous pressure to settle, and somehow "split the difference." If Richard has always sought a "win-win" deal, the lawyers will likewise be intent on avoiding a risky "winner-take-all" result, and seek a "win-win" deal also. These guys are doing battle against each other every day, but they are far from "enemies." They are talking to each other all the time, and seem genuinely friendly and cordial in the courtroom. It's just business after all! Who knows, they may end up on the same side -- the same legal team -- some day! Steve Jobs and Richard Lang may think they are making the final decision to settle at some point, but I'd wager that the lawyers are heavily influencing each side to reach an amiable settlement for the reasons stated above. (I'm pretty sure Hosie drove the timing and amount of the settlement with Microsoft.) Just my opinion, of course, but I think a settlement is likely just prior to, or after the Markman. Chaching!