It would appear there is a contingency of some sort with the settlements (the whole "with prejudice" thing), and the USPTO proceedings could well be it. While a portion of the J's settlement could be contingent, I doubt TPL and Roger Cook would accept this condition for the entire fee. Just doesn't seem like their style.

I believe someone posted stats to the effect that only 12 percent of ex-parte reexams result in complete revocation of the patent. Given the firepower we are bringing to bear in this process, the likelihood of complete overturning of all our patents under review is effectively zero, IMHO. Ergo, "I ain't skeered."

I agree the $$$ may surprise us on the upside.