Would a MOU have been used if TPL/PTSC had requested the Js to settle.. and be granted the use of the MMP for nothing but their agreement not to discuss their Defense with any other notified, negotiating or litigating companies nor let it be known that they received rights to use MMP solely on the the above premise.. so that any other infringing companies would not benefit from the Js defense.. nor would the validity of the patents risk being decided in a Fed Court (and Appeal) as opposed to the USPTO.. and no other infringing companies would know there was no monies (or very little) changing hands.. and if any of the Js leaked any info or discussed the monitary aspects of the settlement, TPL could sue their pants off....

Now TPL has (I hope) safely negotiated the PTO with '336 (and '584), retains the Markman.. and can now pursue the rest of the infringers with validated patents & the thought of bigger fees..

Could the above agreement (or something similar) with the Js have been written up with a MOU for J Ward to visit at a later date if the need ever arose?