Actually, that is not correct IMO. That is, the co-inventorship was not decided in court, but by the co-inventors themselves via out-of-court settlement. And yes, in those court proceedings prior to the settlement, TPL had argued that Moore was sole inventor and the PTSC team argued that Fish was sole inventor - that was the dispute. They settled, and the court recognized the settlement. They are agreed co-inventors, and they are the ones that KNOW.
Best to accept the advise of Ronran on this (with which I concur - big deal, the "KNOW nuttin'" guy concurs LOL). The issue is moot.
I suspect that this whole fishing expedition by the defendants' counsel has more to do with accumulating fees than anything else. Can't have lawyers twittling their thumbs - give 'em something to do, and be sure to record the hours! (e.g., dedicate 5 lawyers for 60 hours a week - time is of the essence - double-time for overtime against a $500/hr rate = cha-ching $200,000 a week! Milk that cow even though she's dry!). All under the guise "we might have something here". Not that lawyers would ever do such a thing, even though they may see that the party is almost over.
JMHO,
SGE