I don't think I'm implying that TPL won't win in the ITC. I've said numerous times in the recent past that an ITC win will go a long way towards bringing infringer's to the table. But I think TPL is trying to get their ducks lined up for the final grand push.
You may be right with regards to 1-3, but it's all mostly speculation on everyone's parts. I will say that the per unit royalty rate is relatively low and will likely be used as the basis for any additional HTC royaties.