Correct me if I'm wrong but the intervening rights ruling in favor of HTC was for the 890 patent only. Is it written somewhere in the PACERs that ACER was only being accused on the 890 patent and not the 336?
The vast majority of damages would be attributed to the 336, and TPL won the argument on the intervening rights arguement and have been able to preserve the "infringement clock" from the time they notified HTC back in 2006 I believe until now. Corrections welcome.