Interesting take, but why do you think TPL would give a legal path that it seems they were winning, for NO compensation, and instead link it to a USPTO process that has no defined timeline and would ultimately lead back to the court system if things went against TPL/PTSC in that forum through the appeals process.
Considering they maneuvered to get onto the EDOT rocket docket, why give up the ghost at this point, only to rely on the decision of a beauracratic agency that has it's own problems. I can't see them agreeing to that.