Good points.
I guess the bootom line concern is that TPL address the ITC ruling to give it spin. HTC certainly will during the NDCA appeal.
The ITC claim construction did TPL zero favors and given the giant lengths to which the ITC went to write the opinion justifying its position, TPL really needs to respond. I understand there are many other issues at stake in the NDCA appeal, but it all hinges on claim construction.