the edit time ran out on my last post :

What we need is for a successful Markman... then for DL to ratchet up the money paid per infringing chip by licensees... Read again Leckrone... ratchet up the money paid per infringing chip

OR.... Give the infringing licensee the choice to pay the current rate ($/chip) on the past chips produced, but also on each and every infringing chip produced in the future.. Implement this ongoing Royalty program, or make them pay significantly more per chip to avoid it

Please read again Leckrone...