Grasshopper, Federal court litigation is almost always strategic in nature. In fact until that ridiculous TAUG law suit came around and I had an opportunity to read it, and then watch how they carry on, I was pretty sure that all Federal court litigation was strategic.

When J&J sued DECN three times from 2011-2013, all of that litigation was strategic. J&J feared the impact of the DECN product and as a result took liberties with the court system and sadly with the judges. When their strategy ran out of gas, J&J settled.

DECN's suit against J&J is a strategic suit. And at an appropriate time it will be settled. For awhile the settlement number will go up, then it will plateau, and finally a decision will have to be made, settle or take your chances in court.