I am not an attorney, but I believe that the correct answer to your first question is NO, it is not fair, thus they better pay a lot more, which I think is the approach TPL is taking. If not, you, I and everyone here will be a little pissed.

I would think YES to your second question, but like you state, it is mute at the moment.

Another question we need to be asking. How far back can we hold an infringer liable for damages once they are found guity in court? I can't find my source, but when I was following the TiVo case, their settlement was based on the date they filed suit in court. So my thought is that we can't go back in time prior to when we first notified the J3 of infringement, and ARM when? They were just recently notified, so what is their date?