Here's a thought.

The PR put out by TPL and Patriot was worded very strongly. As though they had a full victory in the current MH results. Its quite possible as jldmt points out that the parties are negotiating settlements which is what drove TPL to come out with strong statements in the PR. If the last question on the 336 does not go to resolution in the MH and get the chance for a favorable judges ruling would you not come out and claim victory anyways and in anyway possible???? Especially if the judge does not get a chance to rule on the 336 question he raised before the issue is settled.

JMHO