Also consider this. TPL wants the PTO to validate our patents against all pror art charges because of the huge advantage of the ex-parte re-exam v/s the courts. Those advantages being:

1) no appeal for the other side in a PTO decision (big advantage) we are the only ones who can appeal a PTO decision and guess what....if we win, we ain't appealing, it's over LOL

2) In court the other sides lawyers gets to argue valadity issues, not so in an ex-parte re-exam. They can only submit their prior art arguements with their complaint...and that is all they can contribute. We on the other hand can respond to non-final actions, they have no say (big advantage)

So, as you can see it would be a big benefit for TPL to uncover all prior art issues and have the PTO deal with them now and not the court later. That in my opinon is why we did not want to go to court with the J's, the only issue left to debate was validity since we over- whelmingly won the Markman ruling..