I don't think the appeal is good, but I'm not sure there was much choice for the following reasons:

1. The $960K damages award established a relatively cheap royalty rate.

Per Mr. Steeler, the ~$1M was based on ~$8B of Sales on a limited number of Products within a specific Product line within a specific royalty rate. Different rates for different Product lines going forward imply different $$$.

2. The non-willfullness ruling significantly limited damages.

Given that most if not all of the infringing chips were made by other firms and the separate legal hurdle to obtain "Willfulness", is not surprising.

3. There's not enough time to wrangle with potential infringers given the nature of the low damages awards. There's little incentive to settle.

Disagree

4. A clear victory with large damages is needed to bring infringers to the table.

5. There needs to be a single unified ITC/NDCA decision (win) to motivate infringers.

Once the patent expires, 35 U.S.C. § 286 says that "no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action". As such, for every day past the expiration date it's a day that is lost forever. That being said, it won't matter if the case is lost at the CAFC.

I would imagine that the appeal will lead to a counterclaim of non-infringement by HTC.

"It seems to me that this is a go for broke strategy. A loss at the CAFC would really mean the end of things. A win will mean big rewards."

Above implies PTSC will NOT win on Appeal to the 3 Man ITC Commission based on what??..Speculation??....Politics??....History???....Assuming you're correct, the CAFC Appeal would not be heard for several more months Post Jan 2014. Are you assuming few, if any licenses will be negotiated in the interim??.....Really??...Are you assuming Agility does not file suits(s) against some major players??

Obvious IF IF IF PTSC 1) Is forced to GO to the CAFC for the Tie-Breaker and 2) Loses at CAFC as well, PTSC IS done. The CAFC Decision, if it goes that far, may not be reached to late 2014 or later. Plausible but not likely scenario, IMO.