"I am not buying the theory that the pending Markman ruling is preventing licensing."
If I was responsible for a company for licensing talks with TPL I'd refuse to pay a higher price for the license fee as long as the Markman Hearing results are not published.
If I'd pay BEFORE the MH results my boss would ask me why we pay the higher price without knowing the outcome of the MH.
In fact there are three possibilities:
1. the results of te MH are negative for TPL/PTSC:
I pay nothing or just a nuisance fee - and I'm the big hero of my company.
2. the results of the MH are not overly positive for TPL/PTSC:
I try to negotiate a lower license fee - and will still be the hero in case it works
3. the results are clearly positive for TPL/PTSC:
I pay what was asked before by TPL/PTSC - so I don't loose anything (because I don't think TPL/PTSC are demanding interest for every day a company doesn't pay the fee).
So IMO there is no reason for companies to pay now as long as TPL/PTSC are insisting on a higher license fee (what I hope they do!).
GLTY