"As to whether the point in time in which the action is being brought dictates that this lump sum is proportionately higher I could not hazard a guess,"
IMO...the lump sum payment look back assessment...would have some kind of proportionate value ratio....being assessed differently to each infringer.
Capturing 100 million of an industry that produced billions then handing a chunk for legal consideration...is not being part of the prosperity . and does not cultivate a growing condition for a company...especially if all they sell is tech.
Allowing time to pass hoping for a collective look back payment..is nothing but a lawyers dream of riches....layers deserve nothing
IMHO......
doni