that is a good question.
from my point of view, PTSC tried to market the shboom, had a core engineering staff, reduced the chip size, tried several different markets for the chip. the effort to monetize the patented technology was there. they werent successful but there are, and were, a lot of roadblocks for a small company to overcome. I dont think they should be punished for not being able to gain profitability from a technology that was being so widely used by the giants of the industry.
IMO, just because PTSC was not successful at monetizing the chip should not be a reason for denying them to monetize it now. Remember PTSC was not always just a BOD. It was a company with products and a team of engineers refining and developing new products. It is possible the reason they were not succesful in the early days was because the MMP was so widely used.
Because of the MMP patent the tech world experienced explosive growth. the same companies we are fighting would not be where they are today without the MMP. Where would Apple, Samsung, AMD, INTEL...etc be if a cpu was still limited by a 120mhz threshold?
I think we can make a strong case on the domestic industry issue. PTSC did not start out as a company just trying to license the MMP. It is where we are today but it is not where we were in the early 1990's