I'm not convinced TPL 'goofed' their ICs. I feel they did not want to get pinned down with a specific argument in their ICs to open the door for Judge Ware to possibly rule against them during the Markman. I believe this has all be strategically orchestrated to side step the pitfalls of complex IP litigation. Kudos IMO to the legal teams, but I'm still a layman. Now we need a few more rulings hopefully and we can begin to collect fees.