IMHO...What makes one believe SAM or NOK will pay on a future 3G contract with 2G forgiven? IDCC had a 2G contract with NOK in 1999. Did NOK honor that agreement?
Take the 2G money now. Stay the course at the ITC. Use the import ban, if necessary, to get a 3G contract.
In regard to Federal Insurance, IDCC only had to use it because of the manufacturers who refused to pay royalties and litigated.