I personally believe it was the other way around. I think the remaining Js were quietly and behind closed doors checkmated by Roger Cook I know this seems to have been looked at from all angles. But I would like to throw another possibility out there about the NDA. What if the NDA is driven by neither the J2.5 nor TPL/Allicense/TT&C? What if Judge Ward is the one requiring absolute confidentiality? It would explain a lot. Think about it from his perspective. Let's assume the Js are paying per product running royalty rates and will pay installments on past infringement based upon industry standard infringement rate, which by the way are many multiple times the rates Alliacense had been getting in the sizeable lump sums for licenses. Let's assume that the aggregate dollar amount would be seen as staggering by the media and would be splashed all over the papers, every newswire etc.. Would Judge Ward want to be a part of that kind of circus? I think not. So he does the classy thing. He gets all of the players together and he instructs them in no uncertain terms that NOTHING that is not absolutely necessary is to be communicated to the outside world. The tone is clear that it won't bode well for the violator of this NDA. Does he want to be seen as the place to go for every XY&Z corporation that holds a legal grudge? Maybe he and the EDOT Court are behind the NDA. Wouldn't many of you all feel foolish for having so confidently blamed the NDA on either some sort of diabolical plot to starve PTSC out of their rightful share or outright incompetence by the PTSC board when it could be that neither are even remotely close to the truth? Just a thought.
