My guess would be that there now exist evidence of TPL offering the MMP at a lower cost to generate revenue as an incentive to also sell Core Flash.
Remember, one of the reasons we are at California instead of Texas is that TPL tried to market the Core Flash portfolio to the plaintiffs and the Texas court had no dealings with the Core Flash.
Why didn't PTSC act then instead of now. Seemed to be a much bigger issue then? The Bod knew what was going on. Now there must be glaring evidence of their negotiations and to protect their own butts the BOD has to act.
JMO