I think you make a very good point of showing the whole Apple debacle. How DL, co-mingled, we sued, we still arent sure how much apple paid in a co-mingle total, or do we have that. This could help raise the standard. IMO in the handset category, however do we have to do that in court or can we negoatiate it? Will negotiation expose us too much!
Your scenario sounds good and doable, yet it will take some time.