I believe this has always been an option for any infringer licensing the MMP... Just up until now none had ever chosen to take this option as opposed to the one time payment (which had seemed to be dwindling).. perhaps now with the patents nearing their original term life, settling companies will consider the recurring royalty path.. I'm sure they will choose whichever they deem to be least expensive...

Now.. if this is the new norm as per 2 imo overwellmingly decisive Claim Constructions in hand along with a quiver of freshly Recertified patents, then perhaps Leckerone or CJ(?) has determined it is time to change licensing paths... If so, the possibilty of patent life extension would become monumental..

I am trying not to place the cart before the horse..