The Markman was ruled overlwelmingly in TPL/PTSC's favor. TPL/PTSC won a motion to delay the trial so they would have more discovery to address the broad scope of infringing products manufactured by the J's. TPL/PTSC was pursuing damages for past infringement, penalties for willfulness, and an injunction prohibiting further operations in the US. Even without the 584 patent, TPL/PTSC had the J's by the short hairs with the 148 and 336 patents. The J's decided to settle as they figured they would most likely lose in a trial. The J's only bargaining chip in the settlement talks was the USPTO review of the patents which they had requested. IMO the J's paid a premium for the NDA to save face, which is very important to the Japanese. The business resolution contained in the MOU by Judge Ward was that TPL would temporarily grant rights to the J's to use the MMP so they could continue selling products in the US while the USPTO review is completed. Once the USPTO approves the validity of the Patents, then the J's will honor the financial part of the business resolution overseen by Judge Ward. PTSC did not report anything in Q3 because they don't know yet for sure if the patents will be validated by the USPTO. IMO this senario makes the most sence consdering what we know.

I also believe that the settlement dollars were quite high and that the J's will probably pay in installments over time quarter by quarter or year by year.

I also believe that TPL/PTSC is very confident in the validation of the patents in the USPTO review. TPL has probably offered a similar deal to the T3 and possibly other infringing companies that are unwilling to license and pay more in light of the USPTO review.

Bluewing posted the other day some transcripts of the 584 USPTO review. Particularly interseting to me was the discussion centered around the Markman claim 29 ruling. This IMO would mean that TPL/PTSC would have a great advantage in the case against ARM. And TPL/PTSC will make them pay dearly as ARM will be financialy responsible for the J's portion of the 584 patent infringement as well as some of their other customers.