You are wrong and I invite you to read the entire document from which this was taken (see Judge Huber's tentative decision 3/29/11):

TPL contends that the joint venture with Patriot that resulted in the creation of PDS with

its expenses, withholdings, and the engagement of TPL as manager and marketer of the patents

is also a carve-out. The Court disagrees. All monies paid to TPL or its designees (e.g. PDS) are

subject to the application of the Browns' 3.5 percent interest. To hold otherwise would be to

allow TPL to set up organizations, businesses or associated companies that would be paid

monies or take percentages prior to the Browns receiving anything; this would fly in the face of

the plain meaning of the assignment and the understanding of the parties at the time.