You've prompted me to give the issue of the language "granted a license" a little more thought. Of course my thought here is aligned with my thoughts of a contingency deal with the Js.
Think of the circumstance. How could they possibly close the case in TX without having granted licenses to the defendants? Especially in a contingency scenario. IMO, this actually adds fuel to my fire. For one, if there were no infringement, there would be no need for a license in the instant litigation. Maybe a license in case of future infringement? That's not what the case was about - it wouldn't be an issue at this time, the court wouldn't care, the issue would arise at that possible future date. Again, "possible future" is NOT what the case was about.
However, to close the case, IMO, with a contingency deal in play, licenses would virtually HAVE TO BE GRANTED, even if payment may or may not happen upon some event downstream. How else would they be able to close the case in my delusional scenario? IMO, they couldn't.
I went to the minor trouble of looking up the word "grant" as a verb. As usual in our wonderful English language, there are multple meanings, and the words to describe those multiple means also have multiple meanings. So it comes down to context and intent. But, without knowing all the details of the settlement/MOU, we don't KNOW the full context or intent. In other words, we can't just presume the context or intent, but we can try to apply context and intent that makes sense.
Granted a license that wasn't needed and for no money - makes no sense.
Granted a license that might be needed depending on other outcomes, but as an absolute necessity in order to effective close the case - makes sense (to me anyway).
FWIW. And I recognize what I'm doing. I am, to a degree, "force fitting" every nuance to support a conclusion that I have convinced myself of. I emphasize that I may not be right, but I will offer insights that support my argument - endlessly until I'm convinced I'm wrong. And I think that is the right thing to do. I'm compelled - at least until I burn out!
I solicit and welcome an attorney's input on the above.
SGE
