http://www.scefiling.org/filingdocs/9917/65095/159351e_SKimxDeclxExhx4.pdf
The Court: Exhibit 2 gave the Browns 3.5% of the gross (not net) proceeds received by TPL or anyone directed to receive any licensing moneys. This means that any license showing TPL as the licensor, regardless of where, how or to whom payments are made is subject to the application of the Browns' percentage. I other words, it is of no consequence that payments are made to PDS. The Browns are still entitled to 3.5% before any expenses are deducted by PDS or anyone else.
The judge goes on to say that This assignment agreement is 2004. The Patriot & TPL deal is 2005. I mean, what they did after that has no bearing whatsoever on my finding. Her finding is 3.5% of 100%.
So leaving expenses out of the equation for the moment:
if the HTC deal is 10Million and chet brown is entitled to 3.5% or $350,000
And if TPL/PTSC were to split the 10Million (5 million each). TPL would have to pay Brown $350,000 of its 5 Million.
So the big question is will TPL then submit expenses to PDS to somehow recover the $350K with Patriot's blessing? Patriot agreed to have PDS pay Moore, will they do the same for Brown?