I haven't said we didn't "win". Instead, I have merely said that there are not enough facts available to know one way or the other.
Your inquiry that, "...if TPL received a fair amount for the licenses, that would not make them a winner?", depends on many variables, most importantly, what was "fair" based on the actual evidence in the case. If it was "fair" for TPL to accept my mythical $1.00 because invalidity became a stronger defense than they had originally planned, then what was "fair" under the circumstances would not be a "win". Conversely, if negotiations were concluded based on an agreement that both the Markman result and the invalidity issue were both likely to be favorable to TPL/PTSC, then the settlement number would be much larger and we could likely say that our side "won". Right now, we just don't know, although all of us, including me, certainly want to believe it.
Please remember that I have agreed with Milestone's numbers about what would likely be considered a "win" versus a "loss" in terms of settlement dollars, and I have not sold any of my shares. Others reading this board, however, are entitled to make their own judgment based on facts or reasonable deduction therefrom, not insupportable suppositions or plainly wrong conclusions.
Best wishes.
