Also... Just wondering..  It must also be your opinion, since you believe the Js don't have any stance at all re KSR/Obv ...

I would go even further to say that that card [KSR] was never in their deck in the first place, and they knew it.

..that  the USPTO reexams must be completely in the bag also.. no worries there at all.. since the same arguments of invalidity would have been made in court as have been filed by Toshiba, NEC & Pubpat.

I believe that TPL, by not filing [MSJ], have continued to show a conciliatory approach to both the current litigation and licensing. It sends a message to all potential infringers that they are both fair yet firm in arriving at a consensual settlement agreement. 

If settlement is realized when we are in such a position of strength, as you believe .. no threat of KSR/Obv, no threat from USPTO reexam, no threat of invalidity..  do you believe that with no court result in our hands, either by MSJ or jury verdict specifying infringement, that no other companies out there will force us back to court??  Do you believe they will all just roll over now and ask how much because TPL was fair and the Js settled?  

To have filed the MSJ after the Markman would have harmed their standing and ethos for reasonableness

If an MSJ would have been filed, I would have expected it on or about Dec 1st.. not directly after the Markman, but after 30 days of give and take and bloodletting... 

It's not about winning in Texas, it's all about winning over 485-plus potential infringers.

I believe there will be settlement soon (for diff reason).. but to think TPL/PTSC currently find themselves in such a position of strength as you believe, and they have decided to settle, as opposed to showing the world, and those 485-plus potential infringers  that they all infringe as proven by Judge Ward's Federal Court of Law, where appeals go to die, is IMO naive (no offense intended).. and I am floored that you, educated in the School of Law, has such a one sided opinion of the positions in which these parties find themselves.

I would personally be very disappointed if we settled, when we have the Js (and therefore the other 485) in such a position of utter weakness and  we didn't at the very least file MSJ to stamp these patents with ETex victory/validity.  Such a stamp would provide the meat to increase MMP licensing $$ to the degree we all expect/hope for.   If we already had successful reexams in hand, coupled with the Markman, I might be able to buy in.. but we are not in that position.. at least not that I know of.

regards