A quick look at the facts.

Despain's expert testimony is available for all to see;

The Markman has determined the claim constructions;

TPL/Moore's responses to the USPTO ex-parte are available;

Subsequent to the "Settlement" there are now over 30 licensees;

The '584 is under Appeal.

In advising a client, a lawyer will have to balance at least all of the above against the probability of a victory/loss at trial. The EEs will have reviewed the reverse-engineered documents submitted by Alliacense as to claimed infringing products. Accountants will go over the figures. The BOD will then have to weigh media/shareholder perception of a license against costly protracted litigation.

Currently, over 30 legal teams, EEs and any number of advisors have recommended settlement with TPL/PTSC. Remember, there have been several new licensees since the re-examination requests, the question has to be, "Why?"

Be well