"B-L, think about how dumb it would be to buy a license without that kind of assurance. How could TPL argue against such a clause - either they claim the patents will survive litigation or they admit the patents are vulnerable and they will not allow such a clause. Not a good arguement."

Its not dumb because they are getting a discount price for the license. If a company asked for assurance the patent was valid then PTSC/TPL would say ok....pay the full premium price for the license. The licensee company can't have it both ways........ they are getting the discount in exchange for paying for the MMP license before the trial can rule on another companys challenge of the infringement.

Think of buying a used car at an auction. You as a buyer got a chance to look at the car, inspect it... and can get it for a fraction of the price. You buying AS-IS...you cant go back to the seller and complain about any of the cars problems later..... otherwise the buyer will say.. Go buy a brand new car with the extened warranty.!!! Thats a simple comparison.... lol