"Each settlement should be based on how many units were sold that infringed our patent(s) PLUS how many units will be sold in the future, times the value of our IP."

For the future, the nonexclusive cross licensing of this deal will only be paid if used.

How do you know they are not utilizing it now? If the deal is for audio modular, by removing the module during a play sequence, they are in effect proving that a page/caching sequence is in use.

For that to happen, a background format of the flash is fashioned in a similar manner to what e.Digital methods. It's debatable to what degree of suffocation it might be, however, for them to move to a more suffocated ability could go un noticed.

Would we have a recourse?

doni