It appears that T3 is confusing that they are teh Plantiffs and are asking the court to declare that they are not infringing. and this is not an infringement case brought by TPL. Therefore they have the burden of proof.

And TPL need not providfe them with any information that was collected to be used in the suit where TPL would the plantiff and be required to shoulder the burden of proof.

What is really interesting is that although the US-PTO has issued finakl rejections or non-final rejections against all patents the T3 have not simply asked the court to forget the whole thing since there turly are no patents to defend against. This makes me believe that the patents are a lot strionger than we hold them out to.