That sounds very reasonable. Also there may be a deal in the works and Toshiba is putting pressure on Fish since his case is unsettled. Claiming that he is not the inventor. Works two ways for them

1) invalidate the patent

2) Get Fish out of way so a deal could be finalized.

We just don't know. But it is fun to speculate and it seemsour side has all the marbles. No prior Art defense. Just the spegetti defense as someone else has mentioned