An MOU is just another form of contract.  Just like a licensing agreement is a form of contract.  In other words, call it what you want, it's a contract.  However, I will say that the term "MOA" may have been more appropriate (and Licensing Agreement most appropriate).

I will say this: In my experience, an MOU itself rarely involves money/consideration.  They are more intended to clarify expected mutual ACTIONS by the parties, and remedies for failure to perform.  Thus, I'm thinking that the MOU had to do with the "silent treatment", and may have been the more appropriate contract type in this situation than an NDA.  The MOU could be a piece of the overall settlement, and included so that the court will aid in enforcing the terms of the MOU.

However, an "MOU" may have been a way to capture all aspects of the settlement, with sub-elements for Payment Schedule (one time and/or ongoing, and, for ongoing, basis/data to be provided/used to calculate monies owed), Method of Payment, Confidentiality, etc., citing necessary ACTIONS by the parties for settlement broken down by specific aspect.  This is probably the most likely scenario.

Getting back to the point of your post, I may be all wet, and there very well may be an ongoing royalty in play.  But I'm also thinking that using the term "MOU" may be part of a further disguise.  I just have the strong impression that the Js are trying to hide under a rock - what with the strict silence.

I just gave my thoughts based on the language/known terms.  Maybe right, maybe wrong.... 

And it may just be that the terms included a very large up front payment for past infringement, and ongoing royalties for future infringement.  This too "fits" with virtually everything I suggested, as well as the possibility of ongoing royalties.  It may in fact be the best "fit", and the most logical conclusion.

A very large up front payment would justify the "without prejudice" language.  And "MOU" does imply something "ongoing".

How many people did I just confuse?  And how many are just more convinced that....

I KNOW nuttin'!

Bottom line here though, IMO, is don't get too hung up about "MOU".

SGE