Thank you providing the further insights.  My apologies for the way my post was written - it would be difficult to fully respond to the thoughts (hence my closing with the "babble" comment about my post).

I do find it interesting that the "future" aspect would be addressed in formal proceedings.  It seems it would be contemplative, not actual.  It's like "how can I be assessed damages for something I haven't done yet?".  But I'm sure that the court (and mediator) would recognize that the infringers' product components couldn't be changed over night, or even in perhaps a decade.

Thanks again,

SGE