The answer to your first question is no. PACER is the Federal Judiciary's centralized registration, billing, and technical support center for electronic access to U.S. District, Bankruptcy, and Appellate court records. If EDIG/DM were to license their Flash-R portfolio without filing a lawsuit, there would be no record of the licensing on PACER. Basically, it wouldn’t be any of the Federal Judiciary’s business.

As to your second question, I think the answer is yes. In fact, I believe Bang-Olufsen did exactly that several years ago. That's why EDIG is in court now, because they believe infringers didn't come to them requesting to license their IP. Apparently the infringers agree!