The theme of my last post (which I should have bolded) is that IF a defendant(s) cannot pull together the entire lump sum (via available funds or financing through a third party) without going broke, an alternative exists which would probably be palatable to our team.  Absolute certain payment amounts over a fix timeframe to be paid on an annual date certain.  No guess work, no analysis, no complex accounting, no risk.  And of course we would charge a premium for this "payment plan".

Let us use a hypothetical.

A manufacturer has had $25bn revenue from past use of the MMP Portfolio and is on target for $3bn this year. There is a predicted year-on-year growth, in their sector, of 10% a year until the patents expire, and their products use only chips covered by the patents. Their industry average royalty rate is 7.5%, with the minimum being 3%.

For arguments sake, it is agreed that they will pay 1% for past infringement and a MMP portfolio licence. It is also agreed that their future revenue will be $40bn, for which they will pay a 3% royalty.

They now owe $250million plus $1.2bn, $1.45bn. You suggest that they now pay $145million a year for the next 10 years.

I'd sooner they pay for past infringement on signing the license, an extra $105million to start with, then start on fixed quarterly royalty payments based on the value of total revenues for the preceding quarter.

I still fail to see how your suggestion offers what you suggest:

No guess work, no analysis, no complex accounting, no risk. 

whereas the above doesn't.

Be well