Remember, there is a lot of give and take with a settlement, and large sums of money are being batted around.

As to an established royalty, profitability is reflective of industry segments, and so, correspondingly, what might pass muster for an established royalty depends upon definition of market segment. Food-related patents tend to garner a relatively low royalty rate, just shy of 3%, consumer goods 5%, while software reaps around 7-8%.

http://www.patenthawk.com/blog/2005/...

http://willametteinsights.com/06/sum...

http://www.texasbariplaw.org/newslet...

(Section on Royalty Rates)

Based on the actual settlement percentages given, why should any award be substantially less than those currently available to other patent holders seeking infringement damages?

I will be extremely unhappy if TPL agree to a settlement that is not based on full percentage points of total revenues. Anything less than standard would not, in my humble opinion, justify the litigation or the validity of the patents.

Be well