"I am bemused how TPL has got away with this. "
They did so because our side is asleep at the switch...INTENTONALLY. Simply a show being put on to protect them from liability, but really no real intent to succeed. That's clear from their sustained actions when dealing with TPL/DL.
IMO, the evidence points to PTSC management and BOD colluding with DL and TPL, not trying to protect PTSC's interests. There is a limited lifestpan to the patents. Flowers, Felcyn and Johnson collect the same money whether we win or lose in court, whether the shareprice is 1 cent or 1 dollar. They have no real share ownership to speak of, and thus no risk or skin in the game.
Why not just prolong the process with no real resolution as long as possible, until the PTSC treasury can't pay them any more. Another 6 years is $3.75M to our 3 BODges. After that, the company would have been dead anyway, they've seen to that. What do they have to gain by doing anything differently than they have. They're partners with DL in all senses IMO.