I'm not sure the example you provided is a good enough one.I go back to the coincidence of the clause being added after the fist Markman.IMO, A big coincidence.
And the disclosure of any contingent license means it is more likely than not to happen.Not sure how such a determination could be made by PTSC.I wouldn't think disclosure of that contingency type is not necessary until the acquisition is definite, not just a possibility.And its been out there for a while.
Got another example?
Opty