Tired fingers, but I'll offer a quick and easy response:
How was TPL in a different position, at that time in the ownership dispute?
TPL, private corporation, accountable only to themselves (with, at that time, plenty of cash), data accumulation/reverse engineering and notifications in process.
PTSC, public corporation, accountable to some 15,000 shareholders anxious for rewards from the patents on water.
Hope this helps,
SGE