Unfortunately, the Apple deal was a multi-portfolio deal and is one where, if memory serves, TPL collected much more than that from Apple, but allocated only a small amount to the MMP, and much larger amounts toward their other portfolios. If we can believe the different filings of the cases by Brown and Moore against TPL, it seems TPL screwed the MMP in order to benefit their other accounts where they likely collect a larger percentage.
That our BOD allowed that to happen, is quite infuriating, but to now see it thrown up by HTC as a defense for a lower fee, just adds insult to injury. I hope Otteson can figure out a way to present the case to the jury to mitigate the Apple debacle, but it's made all the more difficult because to do so sheds light into the poor relationship between TPL and PTSC and the seemingly fraudulent behavior of TPL. Not something you want to put forth in front of jurors who you're trying to win over. By rights, the Apple deal should have been tens of millions, I believe, and even if it was to be a sweetheart deal, should have brought the MMP at least $7-10M. I just hope it doesn't turn out to be the elephant in the room that dampens MMP revenues in this case or longterm.