I tend to agree with you on that point. if I am one of the 350-500 potential infringers out there, and I'm being asked for "significant' dollars I don't want to pay I would file against TPL/PTSC ASAP in my home district and throw the ball back in our court to first petition for a tranfer to Texas and to load us down with cases thus slowing to a trickle the amount of licensing dollars flowing in (and thus M&A funds available) not to mention the time delay is trial scheduling.
In the long run with a successful re-exam we could benefit, in the short term will be stifled from an influx of cash from settlements...at least any "significant" amounts we might have expected.
I am expecting that "run to the courts" to start to increase from now on.