After seeing today's proceedings, I have some wild-eyed speculation on Apple's strategy. Keep in mind that this comes from my own demented mind and is likely wrong.

The Markman was not a landslide victory for either side. It think most of the claims will go Burst's way, but I don't think Apple will be begging for a settlement due to Patel's ruling. However, Apple did not do very well today and, if I were Apple's lawyers, I'd be sweating. Again, just me.

I think Apple has not settled yet for the following potential reasons:
- They know they infringe Burst's patents but want to limit their payments, perhaps to avoid ongoing royalties.
- Rather than settle, Apple is throwing a Hail Mary pass with the Markman hearings. Apple has let it go this far in the hopes they shake something loose from the trees or catch Burst in a mistake.
- Summary Judgement filings were an attempt, by Apple, to influence Claims Construction.
- If Apple settled too quickly, Adobe, or someone else who prosecuted the case, might get lucky and get off without paying. Apple would look ridiculous if this happened.
- Apple is dragging this out in an attempt to reduce the amount Burst will have to settle for.

Lastly, and this reinforces, to me, my theory, I was amazed at the brazen underhandedness of Powers in submitting excerpts of Lang's deposition at the last minute. Apple could have gotten those excerpts to Burst at any time since the deposition, and most disgustingly, Apple had the excerpts sitting on their desk all day long and waited until the very end of the hearing before springing it upon Burst. Folse was very upset and even walked over to the Apple table and slammed the excerpts down on the table. Judge Patel told him that behavior would not be tolerated in her court (or something like that), Folse apologized and picked the brief back up. Powers and crew are extremely sleazy and, I believe, they are trying to stab Burst in the back in an attempt to hoodwink Judge Patel into giving Apple some sort of advantage so they can reduce a likely negotiation amount. If I were Judge Patel, I would have flown off the handle. I guess that's one of many reasons why I'm not a judge. :-)