I'm not sure where you get that TPL is bearing costs ABOVE the yearly funding amount. To date for this fiscal year, TPL has been paid over $2.3M by PDS for licensing activities and another $571K for lobbying on patent legislation. There's no indication that they have expended MORE than that amount in pursuing those activities that I can find. Do you have some info?
TPL & PTSC have not funded PDS "out of pocket" since the original $2M that each put in at the establishment of the venture. Any additional funding that PDS has received has come off the top of the license fees before distribution as far as I understand it. I believe the only exception to that may be this additional funding that PDS agreed to give to TPL of up to $1M (of which they've paid $571K to date) for TPL's legislative lobbying efforts. Presumably PTSC paid half and TPL paid half so in theory, TPL actually received a net of $285.5K since they were responsible in theory for the other half of that $571K.
Lastly, Asustek was a flat $290K fee PERIOD. That's what PDS reported for Licensing Revenues for last quarter, and RG confirmed in the CC that all license fees to date have continued to be ONE-TIME one-and-done payments. So it has nothing to do with the level of funds in PDS' bank account prior to or after the license was signed. It is what it is as they say, and that was $290K.