There are many options on the table for settlement as I noted in an earlier post.
How DM decides to structure settlement down the road is anyone's guess. We know deal #1 is a one time fee with cross licensing access.
Here's another settlement deal....looking down stream for revenues. I prefer EDIG get the money up front, as is the case so far.
Harvard spinout licenses 'black silicon' patents
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Dylan McGrath EE Times (10/13/2008 3:09 PM EDT)

SAN FRANCISO—Startup SiOnyx Inc. has licensed a portfolio of shallow junction photonics patents from Harvard University in exchange for an unspecified equity stake and downstream royalties.
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