I think its better to twist the infringers arm at the ITC first, lets just say that the ITC declares that the Patent Thieves do in fact infringe after careful reconsideration of all the fact presented including the wind at the NDOC:

1. Inunctions get placed on HTC and the other patent thieves

2. HTC and brotherly patent thieves want to settle because its cheaper to settle than to lose billions a day on loss of sales.

3. Except that Agility no longer accepts low settlements, since the cost of litigation for HTC was in excess of $100,000,000, why not settle for $100,000,00 per license (I mean its chump change to HTC right?).

4. What if they settle for $50 Million? GREAT!!!

Now we have a better figure to go and sue the other patent thieves at the NDOC where we can prove that the patent value is much more than what the previous Jury Awarded.

That would be a game changer IMO and that is what Agility is hoping to accomplish.