TPL may have recognized this distinct advantage of the exparte review of the patents by the USPTO and was able to bring the J's to settlement by putting the decision in the hands of the USPTO. The J's knew they shouldn't go to trial as the Markman was overwelmingly in our favor. TPL knew there was less risk in going to trial also if they convinced the J's to let the USPTO decision decide validity once and for all.

Everyone was pleased with the business resolution.

The J's are pleased to have the NDA to save face and the possibility of the USPTO invalidation of the patents.

TPL and PTSC are pleased because they have Moore defending the patents with the USPTO. TPL has less risk as the review is exparte as wrenchhead pointed out and TPL can appeal the USPTO decision if for some unlikely reason the USPTO invalidates the patents.

And IMO the USPTO decision will be the key to unlock the treasure for all of us.

All the best,

Steve