I suspect PTSC's faith was right where it should been - faith in TPL.
And think more about the situation. Us in court with the Js, Judge presiding, jury, questionable amount of award. That versus (a lot) more money, and us (TPL) one-on-one with the USPTO arguing in favor, and nobody arguing against. The result in court would be open to appeal (and probably would be appealled). The result with the USPTO, if negative to us, could also be apprealed by us. All around, sounds to me like a pretty good choice - and it's reasonable to assuming the "(a lot) more money" part. The delay is the only killer....
JMHO,
SDE