Only if TPL receives more than actual costs."
No, I don't agree that that is an accurate representation of reality. TPL is in the business of Patent Licensing and Infringment Prosecution. This is a FOR PROFIT business. PDS is their client. TPL is getting the work/contract from PDS to market and monetize the MMP. They BENEFIT from the licensing business, above and beyond "costs", just as Ford benefits from selling cars to Hertz for their rental fleet (they don't sell them for "cost"), or any other for profit business benefits.
I don't believe they're just charging "actual costs". I'm sure they're charging the marked up, PROFITABLE, fees that they can. In fact, considering the captive audience and an up to now 2-1 majority on the management committee, I wouldn't doubt that they're probably getting above market rate. Also, it wouldn't surprise me that if there was an absence of enough work to keep the entire Alliacense crew busy, but enough so that they didn't want to let someone go, that TPL has found a way to allow the MMP charges to "carry" that person(s).
Obviously, some of this is assumption and suspicion, but do you believe for a minute that Alliacense (TPL) isn't making a profit on their licensing efforts?