Look at this sentence from the letter
Each MMP™ portfolio licensing negotiation is unique with respect to the customer’s use of the MMP™ portfolio technology, as assessed by TPL (in explicit technical detail), the costs associated with pursuing the customer licenses and other considerations
RG states that a consideration for each license negotiation is the cost associated with pursuing the license. Wasn't the cost most significant for the j3. Doesn't it also mke sense that they sued companies who used the technology significantly. The cost of litigation is the same whether we pursue a limited infringer or a much larger infringer so you wouldn't sue someone whose damages would be small. So of the list above the only other criteria "other considerations" would have to account for their setting aside the first 2 most important criteria and giving away the house. I just don't buy it. IMHO