I'm catching up on posts from yesterday, but I think you left a couple of things out of this post of your's:
"Js: Ok, we will pay your demand because it looks like we will loose anyway and we dont want to get hit with treble damages and attorney fees, however we want to wait to pay until after USTPO review just in case.
TPL: Fine, we have almost no concern about USTPO review so if thats all it will take to get this done then fine. But, since waiting for a USPTO result presents some risk to us, and eliminates all risk for you, the amount we demand is doubled.
Js: We also want a NDA because we dont want anyone to know what we paid.
TPL: Fine with us, we dont want anyone else to know about the contingency deal anyway because otherwise nobody will pay until after the USPTO review. However, this will postpone licensing with others for amounts we rightfully deserve, so the amount we demand goes up 25% as an offset. You still come out well ahead of worst-case-scenario, and save face in the process.
JMHO,
SGE