BaNosser posted an article which stated that the Defendants had licensed the 7 patents. Both might have wanted the NDA, but for TPL it gives the advantage of not disclosing settlement terms on a nearly completed litigated claim, keeps other potential infringers guessing as to the value(was there an element for triple damages had it gone forward to trial?). Rates are supposedly increasing, the NDA strengthens TPL's bargaining position, in my humble opinion.

As a Defendant, my duty to shareholders would be to balance the potential jury award against the cost of prior negotiated settlement, without additional appeal expenditure and possible increase in damages. I don't however see a "contingency clause" as this would defeat the concept of settlement.

Be well