I completely agree with you with respect to PTSC management/BoD's obligation to assure that TPL performs as agreed. THAT is an ongoing obligation.

But, unfortunately, IMO there is a possible flaw to your thinking.

TPL actually has performed reasonably well, as far as we actually KNOW, in securing licenses for the MMP. Royalty amounts could be questionable - not big enough, about right, ....? Legal minds might argue for "about right", because we got what we could get.

But one big thing, beyond TPL's control, has hampered their action. That obviously would be the re-exams/PTO, and to a degree the litigation. All things considered, though we don't know, in most cases, the exact amounts received in royalties from each licensee, it is fairly impressive what TPL has managed in enforcing patent rights on patents with validity in question.

Now, we could question TPL's veracity in enforcing patents held in Europe/Asia, but most would acknowledge that the cream is in the USA. And the cost of bringing action overseas may be prohibitive at this point.

Also, we don't KNOW what's going on behind the scenes - is PTSC applying pressure on TPL? In light of the re-exams/PTO, do they really have grounds to apply pressure? And TPL could counter by addressing their successes to date with the PTO, as well as with licensing under past/present circumstances.

IMO, the time to push this issue is after more patents (specifically, the '336) survive the re-exam process. If we don't see more/better action out of TPL then (after some reasonable period), it would be time to raise the issue with PTSC management/BoD. Right now, it's IMO a non-starter.

So I agree with the premise that PTSC has an obligation to assure TPL performs as agreed, I just disagree that now, or any time up till now, is the correct time to raise the issue.

IMO, the only thing we could possibly gig TPL up till now is on their vigor in discovering and notifying infringers. If their rate of discovery (reverse engineering, etc.) and notification is unsatisfactory, we could question their vigor. But then, what IS satisfactory? And would the rate be influenced by the level of difficulty over time (low-hanging fruit nailed first)?

JMHOs,

SGE