It is possible that sometimes the threat of MSJ carries a bigger stick than an MSJ itself.  Once filed there is no unfiling...  If/when TPL files MSJ, undoubtedly the Js will file their own claiming nonvalidity of patents.. prior art, obviousness, Ledzius, Thaden, 'if you took this and this and this and did this, obviously you'd come up with a ring ossilator thingy', etc...  this may still be a thin defense, but current climate, politics, SC KSR ruling.. the Js would definitely have a punchers chance... It would still be our venue, but IMO this defense would be totally independent of how strong our Markman was...

IMO there are strong reasons for both sides to desire settlement

On the other hand, as I have opined before, these questions will probably have to be answered eventually, and perhaps now is as good a time as any.. and good outcomes will make the MMP nearly bulletproof (USPTO I feel would probably fall inline), and extraordinarily valuable.

jmo.. corrections welcome