<The example given was let's say it was found that of the products that NEC produced, 20% were found to infringe on our patents. Than at some future date, NEC changed the way they develop/manufacture their products, and we now felt that 50% infringed. The MOU was in place to get in front of Ward, present the changes, and obtain a ruling/reward.>

One heck of an example. Wasn't non-acceptance of a single claim chart representing a chip family a major difficulty for our side? But they wouldn't provide what we needed to prepare individual claim charts, and when forced by the court to supply the required info, it was all in Japanese.

The suggested example is actually a darn good possibility, IMHO

Opty