gcduck,
My thoughts about your question is that TPL wanted their 'left jab' (Germany) and 'right hook' (USPTO) combo before proceeding with an all-out assault negotiation/litigation process in Germany or anywhere else for that matter. In my mind, TPL/PTSC would have had much greater leverage in negotiations and may have lead to possibly higher licensing settlements. My hope is that they (TPL) will now begin pursuing infringers in Germany at a much faster pace since the USPTO has ruled on '336.
BWTHDIK
Just thinking without any tools ;-)
Regards,
PxP