Well, I do appreciate the additional examples, as it does help the thinking along those lines.

However,

<with claims that could be constructed any number of ways by the judge>

After the first Markman I think the only outcome that a contingent license would be based on is whether Talbot killed the 336, reduced its scope or was a non-issue.The 336 is the critial MMP license.It is not necessary that you infringe on more than one license or more than one claim of one license. Given the positive first Markman, I'm reasonably confident the cost of a license post Supplemental Markman results would necessarily have gone up.Don’t you?

But just my opinion. FWIW.I didn't sleep at a Holiday Express nor did I check any of my facts.People can draw their own conclusions.

Opty