I guess I hit a sore spot here, I thought you guys were all happy about your victory. Seems you still have some issues to work out.
I have read the opinion and I read it again with the same opinion. There is a big warning in there that if you don't represent the West interests, you will face a ripe DFR suit. The Addington case already has shown that if you deviate far from the Nicolau it will be easy to prove DFR, it wasn't really close. You can blame Judge Wake, but the jury was not impressed by your arguments the first time, maybe the second time is the charm.
You might get away with some type of fences, but the Fortune 500 at the top of the list will probably have to be sucked down into the ratios in order to provide some balance. If you staple the West to the bottom with a DOH list, there is no way to provide any balance to your proposal, even with conditions and restrictions that are novel length.
The company has not been a party to a suit, because they have rightly been steadfast in upholding the Nicolau award. When they deviate from their contractual obligations, they will then get dragged into court too.
You guys do whatever you want, I think you will have to go to court again. The Ninth didn't say you were off the hook for a DFR violation, they just said "not yet."