"because the ways things are shaking out, I don't think that TPL is likely to sue any of my clients as a practical matter"

I apologize if I have been following along closely enough. What "things" have shaken out that would effect Judge Ward's decision?? Have I missed something? Unless you're talking about patent reform - but I don't think this will effect the judges decision.

The J-2 will likely settle even with a split ruling. There's a good chance that your (potential ?) clients will be paying something to Patriot.

I think there will undoubtedly be some backlash coming from the other side of patent reform and this will negate some or all of the current scrutiny. The timing of this backlash could help Patriot.