I remain convinced that there must have been a contingency (USPTO) deal with the Js, otherwise why the CC and why the Judge's ongoing scrutiny?
I'll go a step further and suggest that once that approach to settlement/licensing was deemed acceptable by our team, it was used again and again, thus explaining how they were able to get 12 (now what, 17?) companies to sign in such a relatively short amount of time. IMO, the J deal set a contracting precedent. Undoubtedly the ongoing USPTO action would cause some/most to hesitate. But give them that "out", and postponed payment, and they sign with a lot "warmer feeling".
JMHOs,
SDE