Sorry to you and all - still catching up on posts....

To answer your question:

" "Here, keep in mind that there may have been an "event" in meetings with the USPTO that bolstered TPL's confidence - thus "permitting" the new approach." from me, and

Do you suppose that event preceeded the settlement with the J's? If such a thing did not happen, wouldn't TPL be rolling the dice in a very reckless manner?" from you

IMO answer: absolutely - an event with the PTO prior to settlement under a contingency arrangement.

It's all about risk mediation. It always is in legal matters (and most business matters).

SGE