Mostly I'm basing my comments on the fact that willfulness is a difficult ruling to get. If I were one of the companies being asked to take a license and I got to court, I'd make the following argument: if two federal level courts can't come to the same conclusion regarding infringement, then how can I? Hence my continuing to use the technology was not willful, but rather I was thinking along the lines of the ITC claim construction.

I think the above is an argument that's reasonable enough that a judge/jury wouldn't find willfulness.

It's all conjecture and litigation is unpredictable. I don't think there's a clear cut answer, but given that HTC wasn't found willfull, I think it will be a difficult thing to get going forward.