"We spent MILLIONS developing a chip and tried to market it. That takes us out of the category." :::::::::::::: "We" is PTSC. Apparently the ITC cases rely solely on TPL expenditures to satisfy NPE status and presumably that includes intent to market etc. It seems that the early efforts and expenditures by Moore, Fish, McClurg, Falk Sr., nanotronics and PTSC were not presented. Why wouldn't the PTSC BOD have insisted on their inclusion in their discussions with TPL, Alliacense and maybe Otteson before the filings?