Licensing is going to be very difficult at this point given the uncertainty that the ITC decision has brought about. Remember, the NDCA victory is a district court ruling. The ITC was a federal one, which had the potential of greater leverage against the potential infringers. There are now two conflicting claim constructions.

If I'm a company that is being pursued to sign a license, why would I not wait it out if there's no danger of an injunction? Unless I'm the biggest fish in the ocean, why would I think TPL has the resources to come after me?

In other words, TPL needs to suck it up and go pursue another target in court. I just don't think any of the smaller fish will cave at this point.