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.