Before there is any more incorrect discussion as to licensing the patents, a reminder:

Patents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors, or in the case of the assignment of a part interest in a patent. Any joint owner of a patent, no matter how small the part interest, may make, use, offer for sale and sell and import the invention for his or her own profit provided they do not infringe another’s patent rights, without regard to the other owners, and may sell the interest or any part of it, or grant patent licensing to others, without regard to the other joint owner, unless the joint owners have made a contract governing their relation to each other.

As far as I know, TPL's authority to license the MMP Portfolio remains unchanged, so where is the problem?

Furthermore, as long as a single claim of the '336 remains unchanged, it is possible to use that original single claim to litigate past damages, in my very humble opinion. Obviously, corrections more than welcomed.

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Be well