Based on your post, our disagreement is in degrees, not in substance. I place more responsibilty in the hands of this "activist" BoD as they have been more involved than the typical BoD characterization you suggest, but I don't disagree with your points.
While it's true they can't control what others do, what they can do is plan and prepare, and they gave much of what they had control over to TPL completely, rather than retaining a more equitable measure. Fiscally, there is much they could've done, but that horse as been beaten plenty.
To expect that there would be no challenges to the patents, IMO, is simply illogical, and for people in the patent licensing business, they should have expected it, just as you expected things in your area of expertise, and I in mine.
Your last point, though, I do disagree with. There have been viable plans suggested, and it's not rocket science, it simply requires a willing shareholder base. It's the execution that has been lacking.