I will also forgoe my representative chip theory and just say, as others have said, TPL/PTSC didn't want to risk a trial without absolute 100% validitiy from the USPTO.

There is prior art out there and it would be up to a jury to decide if somethig is obvious. Do you want Cook arguing for us? Maybe so and maybe not. I've been told by others that Cook is very good at writing briefs, etc. I am not sure how well he would do in a Texas trial with all of the details that he would need to present to a jury clearly and convincingly. Who knows?

Did TPL want to risk some problem with a trial case to expedite
MMP licensing when they can take the safer route (IMO) and wait another year to have absolute validity if/when the USPTO reissues the 336 and 148?

So with the above in mind, I will say that PTSC blinked. It doesn't mean we lost, it means TPL recognized that THEY and WE had EVERYTHING to lose and the J3 only had money to lose.

No conspiracy, just a conservative path to protecting the most valuable asset of both companies.

GLTAL