There's a six year damages look back period for past infringement. After the patent expires, each day beyond that expiration date reduces the look back period by a day as well.

In other words, since the patent expires on September 15, 2015, every single day that goes beyond that expiration date is a day by which the damages period is reduced. By September 15, 2021, the look back period goes to zero. Simply, there can be no financial recovery for infringement committed more than six years prior to the filing of the complaint.

The dillema is if you want to maximize your six year look back period, you need to file a complaint against all infringers by the last day of patent term. Filing a couple of hundred complaints doesn't seem reasonable or possible--at least not to really pursue a lawsuit. Of course, the complaints can be staggered out over time, but that reduces the potential damages amount.

It may make sense for TPL to hire a bunch of law firms on contingency and file complaints against high value targets and possibly take them to court. FOr the others, the filing of a complaint may be enough to bring them to the table.

In summary, just because a company has been put on notice doesn't mean that it will pay. TPL will possibly need to file a lawsuit. And until it does, the time continues to run.

The ticking of the clock isn't helpful for TPL.