< I am of the mindset that TPL/PTSC have to buck the trend that they have set, so I will continue to believe that companies will not be paying tremendous fees until a legitimate court victory is won.>
You might well be correct. But I think you are ingnoring the influence of what happens at the USPTO.
I'm sure all the fence-sitters keep an eye on that. And I'm sure what happens there will influence there decision regading licensing. To wait for some court outcome, that may or may not come, or may or may not be decipherable in terms of $ paid, would be foolish, IMHO.
Opty