I thought this part was very insightful to the next step:

The favorable outcome of the HTC litigation will encourage infringers to license ratherthan litigate, and the positive Markman ruling from that litigation is deemed determinative incases that have not settled. Companies that are not Respondents in the ITC or Defendants in theNorthern District are also incented to purchase licenses. Additional waves of litigation are filed,likely in excess of 30 companies, but no parallel ITC case is filed because an Exclusive Order(exclusive remedy in the ITC) would be nearly moot by the expiration of the patents. Theforecast assumes that costs related to any subsequent litigation effort remain approximately thesame, the most significant of which is the litigation counsel contingency arrangement. TheMarkman ruling from the NorCal Case is deemed determinative in these additional rounds oflitigation. TPL’s forecast assumes half of the remaining MMP revenue comes from litigants,while half is from non-litigants. Because of the different contingency percentage related to TPL DISCLOSURE STATEMENT (JANUARY 8, 2015)

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Case: 13-51589 Doc# 638 Filed: 01/08/15 Entered: 01/08/15 18:00:31 Page 93 of 104