From the March 07 8-K,

Contingency Fee in the Event of Litigation.  In the event that a party refuses or is not asked to license the Norris Patents or any element thereof, and litigation is filed, Duane Morris shall be entitled to the following contingent fees of the total recovery (“Total Contingency Amount”) in each individual case upon the Resolution of the matter:

LL, why would DM & EDIG perhaps choose NOT to ask an infringer to license the Norris Patents and go straight to litigation?  Why not give all infringers the opportunity to license?