In theory, I would agree with what you said. However, the point I was trying to make in my post is that Alliacense was busy licensing the MMP prior to the last Markman in Texas, as evidenced by the large amount of reported revenues, four months before the ruling was announced.

It is my belief that Leckrone, as alleged in the first amended complaint by PTSC, is not making an effort to license the MMP and his focus still remains on licensing his other portfolios.

Perhaps in part, due to the Brown award and possibly forthcoming Marcoux and Moore awards, this might force Leckrone to focus on the MMP again just to avoid BK. Don't forget PTSC alleged upon information and belief that Leckrone was in debt to the tune of $30 million. If the alter ego motion is favorable to Brown, then Leckrone will be on the hook and not just TPL.

As far as first mover discounts go, it's been six years since the MA, I think first mover discounts should be like the dinosaurs- extinct by now.

Corrections welcome.