<I believe this has always been an option for any infringer licensing the MMP..>
I'm confident that is a true statement.
<Just up until now none had ever chosen to take this option as opposed to the one time payment>
I don't know how you can be so sure as to one time payments in light of last 10K stating
<PDS may at times enter into license agreements whereby contingent revenues are recognized as one or more contractual milestones are met.>
No need to insert that new language if they never license that way. Actually, if they include that language and never license that way, it would be highly misleading.
So you might be correct with respect to recurring royalty payments, but wrong about one time payments.
Opty