I'm sure DM will evaluate and determine what is equitable to all concerned based on each individual case. It may include past, present, and future infringement aspects.
One of the problems with projecting the future is that technology innovation may obsolete any present infringement element and the determ9nition of what is fair will be more difficult than past information.
It will depend on each product infringement and its application and potential obsolescence from new technology, a difficult task in looking forward in many instances.