I don't think the courts will bypass or nulify the actual patents especially after recertification.
The real question is if companies are infringing on said patents. That's where reverse engineering comes into play. It has to be proven.
I think that it has to be taken all the way to trial and PTSC/TPL will have to assume the risks of a jury decision.
These so called settlements are killing us. For every settlement we had it drives the SP south. We have little room for downside left.
Just my thoughts.