Now that I've given it further thought, it would be very simple to have an agreement based on the Markman - the judge decides on your terms, you win; the judge decides on our terms, we win; the judge decides on his own term that is different than either of ours, we proceed as if there is no agreement. In other words, there is nothing that needs to be in the contingency agreement that says it has to be decided with the indicate event. In the event no one wins we just go forward. As discussed on this board I believe most here agreed that the deciding factor regarding the 336 was whether the term controllable or noncontrollable was used. If the judge used neither term they just scrap the contingency license and move on.

It's just like anything - if you WANT to get it done, you can get it done.