<The question becomes .... 1) can TPL come back against PTSC to recover those improper additional amounts, or ... 2) will PTSC step forward and offer to pay their share of overage, or ... 3) does the new Comm Agreement address the monies from those subject licenses and how to deal with them, since the revised Comm AG was entered into after the Brown suit was initiated.>

1. Come back how? Sue us? On what basis?

2. Why would PTSC want to do that? You have some rational reason in mind?

3. Brown is not the only carve-out. I recall mention at trial of other care-outs that TPL had agreed to. I see no reason for the CommAg to address Brown's carve-out or any of the others that were negotiated between TPL and 3rd parties. Why do think it ought to be addressed in the CommAg? What would be the rationale for it being included?

Opty