Right. A CAFC appeal would likely take 18 months or more. The present appeal at the ITC is worth it. The next step is not.

Here's the issue. If the ITC comes out negative, is PTSC forced to give up a willfullness claim? If so, that's a big chunk to have to leave on the table. If that's the case, it may be better to get the low hanging fruit in large volumes rather than go to the mats.

Even with a six year look-back period, if there are no willfullness damages allowed, it will be simple damages from the date notice was given. No trebling. And I can't see taking each and every case to court. Time won't allow for that and there aren't enough legal resources.