I agree. One way or another HTC is going to get the ITC construction in. And given the timing of all of this, the resources to fight the ITC ruling aren't likely worth it with expiration looming. Your take on this is on point.

So then it comes down to a couple of different things: 1) fighting to make sure the ITC claim construction isn't accepted by the CAFC (regardless of whether it's from an ITC appeal or as persuasuve authority, and 2) convincingly, with evidence, proving up the real damages (versus just the subset). Neither is a terribly easy task.

TPL has to win 1, obviously. And if it wins 2, that certainly will help them in convincing targets. It would also be important to prove to potential contingency fee based law firms that there's real money at the end of the road. Without the threat of an injunction, I think it will take actual court filings to bring targets to the table.

Also, if the above happens, they need to target the companies with the highest revenues. TPL can't afford the time and the resources for small nuisance fee settlements. Several law firms will need to be engaged to file multiple lawsuits and TPL's in-house license attorneys (do they have any left?) can target the small organizations and possibly try to get some cash flow.

I'm amazed at the mismanagement at TPL for letting things get to this point.