What do we have in this simple statement?
There was more than one source.
Other than:
Rick Goerner, CEO
Cliff Flowers, CFO
Carlton M. Johnson
Donald E.Schrock
Gloria Felcyn
Nick Tredennick
Helmut Falk Jr.
who else is close enough to PTSC to not only know about the NDA, but is also prepared to openly discuss it?
Whilst I may not have 27 years of legal practice behind me, I do have years of analyzing the legal system; lawyers; and legal discourse, at post-doctoral level. The post set off alarm bells that are still ringing, and for this reason, I have great difficulty in accepting the contents at face vaue.
One has to remember what the litigation was for: Infringement of the '148 and '336 ONLY! The Markman was favorable on those 2 patents, and any validity concerns are being directly addressed with the USPTO.
To now suggest that TPL/PTSC were so afraid of validity being decided by a jury that they folded on the eve of the trial and settled for nothing other than bearing their own respective costs, at what would appear a substantial loss, makes me think of Aesop or the Brothers Grimm.
I humbly suggest that any decisions should be based on what is both known, and, more importantly, independently verifiable.
Be well