I think you misread my message. I don't believe anything will change until the DD litigation ends. There is no reason to believe he will comply. He has yet to file joining himself to the T-Mobile suit even though he has agreed to in the court documents. In my opinion he will continue to play this out to his benefit and the detriment of the shareholders as long as he thinks he can.
The state court case still has to be decided on the validity of the original agreement. Until final litigation is complete on that issue and the rights to the patent are clearly stated AND enforced, I don't see how anything can change. T-Mobile is only one avenue for income and until the state court case is decided other licensing opportunities. Licensing to another company bolsters the case and increase stock value. But it appear to be foreclosed to the company by the nature of the court agreement. I can only assume that DD requested that stipulation.
Based on his prior actions it is my opinion that there is no reason to believe that at some critical moment in the future DD will try to pull the patent away from the shareholders like he has in the past. Therefore that risk has to be eliminated. This is not a witch hunt, this is business.