You're confusing apples with oranges
Your original statement to which I responded appears below:
You wrote: "Is it your contention that even if the USITC finds infringement we will still be settling for peanuts? That seems to be what you are suggesting. "
I then: copied a declaration writen by a declarant for PTSC which stated that historical amounts paid for licenses can impact the amounts of future licenses because it is evidence of what you have established and accepted as being a "reasonable royalty".
Nothing in my post has anything to do with an ITC product "Ban", I responded to your original post which was about "settling for peanuts"