We pay our half of the legal fees. We may or may not make it up in the settlement - obviously depends on the settlement.
The T-3 will settle. The T-3 has some type of strategy in mind they have been planning since December 07'. The J-3 clearly lost the Markman - what makes the T-3 think they can expect a different Markman result?? The T-3 doesn't know what the J-3 paid - they're up to something and TPL undoubtedly knows exactly what it is. If the USPTO re-exams go our way, they are as good as sunk IMO.
Look on the bright side, think how far the SP would have plummeted if we received licenses from these companies - LOL! Swartz would have been in maximum dump mode.