Ron,

In your opinion, does the low average price paid for licenses, especially over the last couple of years, minimize the risk for the T3 even if the Markman weighs heavily in favor of the defendants?

In other words, even if TPL were to argue for a large settlement, does not the historical evidence available to the plaintiffs, judge and perhaps a savvy jury looking into it on their own preclude the possiblity of awarding a big sum?

So in essence, the T3....even with a defeat in the Markman, may gamble to the end, especially if TPLdemands a sizeable settlement amount post markman. Happy New Year to you