Good observation re: the MOU. While it might just be what they elected to title the contract (though that's a bit unusual from my experience - an MOA would be more appropriate), I'm thinking it may have to do with the "without prejudice" aspect of the court settlement. Maybe something along the lines of (as per Rose's speculation) "if the '336 and '148 fail in the USPTO re-exam, future payments will be adjusted accordingly", or "if the '336 and '148 fail in the USPTO re-exam, we'll resume litigation". To me, this is a good "fit" to the circumstance. I see this as no change to our situation, as it just rolls out of the "without prejudice" thing.

JMHO,

SGE