Yes, I do think it is likely that most or all licensees have requested an NDA. They will do so unless they see an advantage to allowing disclosure of the numbers (as I addressed in my post).

I qualify this with an opinion I've always touted in this regard (licensing agreements/contracts) and with regard to whether patent indemnification clauses are included in procurement contracts - these things are negotiable and may have a price attached. I am certain that there may come a time where a license is sold with no NDA attached, because our team won't agree to it being attached, because they want to release a number to serve them in future negotiations with other potential licensees. However, this time may never come simply because our team may feel that the gross numbers revealed in PTSC's reporting may convey the desired message (the cost of a license is big; others have paid big).

Having said all that, I do note that, since it was determined by our legal staff that SEC reporting of settlements are no longer necessary, not one license PR has included a number. There may be reasons for our team not to want those numbers revealed. It may be that the extra dollars offered by the licensee for confidentiality can't be passed up. Or, more likely, it may be that our team fears breaking the now-standing precedent of not disclosing (i.e., IMO they'd have to word the PR mighty careful, like with words such as "While this license and its value are not considered a Material Event, but business as usual, we are proud to advise that this licensee paid......" ).

The complexities of business....

I should also say that you are correct, in that NDAs don't always have to do with just dollars. It depends on what other info is shared (e.g., production methods, component makeup, and financial/cost of production info, etc., and in our case, possibly projected sales data, etc.). NDAs can be designed to be very specific, but, generally speaking from my experience, they are very broad in nature - all encompassing.

I strongly suspect that in our circumstance, very little info re: the inner workings/business practices of the licensee or their sales projections is shared. IMO, our team does the research necessary based on public info and reverse engineering to determine a target number, and they go from there. Thus, the NDA is rather "one-sided", IMO, to benefit the licensee, because it only involves "the number". And if there is no NDA in place, our team may still opt not to disclose for reasons such as those described above.

Again, the complexities of business. All these intricacies have to be thought through and either established as policy or handled on a case-by-case basis.

Now I better just shut up, as I fear causing headaches. I don't want to see people running around doing a Mr. Gumby, screaming "My brain hurts!". I just say it softly to myself - remember that catering truck? LOL

JMHOs,

SGE