fmilt - We have no idea how the Court ruled on the Markman report, and further, we don't know how "narrow" the issues became after the Court ruled on the motions for partial summary judgment. Accordingly, if you are talking about "fairness" in the abstract, it is hard to argue with your position (based on these early indications). On the other hand, if you are talking about evaluating the deal vis-a-vis what they stood to gain through the legal process, we just don't know where that road was leading us.
With respect to 3G, I don't think that the parties are anywhere close to an agreement, based upon Howard's comments (and that surprises me).