Listen Frackedup, in real life works differently than your theoretical pretend play.
A contract that is paid up is valid no matter what you do later unless you specifically amend it.
You can rip up an older contract with a newer one, but if the new contract is not fulfilled due to nonpayment then you revert back to the old one. The old one as you noted, contains a royalty for HP. So why would HP challenge them on this? If so let them file a suit, not you Demented folk. You stated that you guys are not going to claim that you have a license for those earlier versions of the VDK code. Great. So as far as I am concerned, TMMI is all clear no matter the outcome since they are only using non-disputed code.
So for you to make any headway you would have to show that TMMI never paid a dime for the first contact....oh but wait, we know that they actually sold products with that first contract. So they must have paid or Iterated would have sued them. Iterated never acted in a way that suggested that the initial contracts were not valid. Again, Alan Sloan would know best and look where he's sitting.
So let's just wait until the judge decides.
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