I believe that TPL, by not filing, have continued to show a conciliatory approach to both the current litigation and licensing. It sends a message to all potential infringers that they are both fair yet firm in arriving at a consensual settlement agreement. To have filed the MSJ after the Markman would have harmed their standing and ethos for reasonableness, in my humble opinion.

It's not about winning in Texas, it's all about winning over 485-plus potential infringers.

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By removing the license fees paid by previous defendants, add the extra time and loss of discounted licenses, plus the potential for triple damages at trial, I would suggest a potential range between $750 M and $1,100 M. Obviously, these would be reduced because of any pre-trial settlement. On this basis, I would confirm my prior estimate of PTSC's net share being not less than $175 M(pay $350 M now, or face the potential liability of $1,100 M at trial).

http://www.agoracom.com/ir/patriot/messages/629252#message

This is my last post about this subject.. probably..

So, even tho we are in such a position of strength as you suggest, TPL plans on leaving upwards of a 1/2 Bil on the table to settle.. amicably...

TPL is in a position of strength.. but IMO, not to the degree you suggest.. not yet

Regards