Many time a settlement happens just before the trial starts.
That may be the case.. but if so.. the Js will have to answer to TPL's MSJ before then... Will the Js counter file their own MSJ.. probably (? validity/Obviousness) but given our very strong Markman the risk being found guilty on all counts if infringing the '336 & '148.. and willfully at that (and have no way to then save face).. This is the main reason I see them (Js) settling now (or very soon) before having TPL's MSJ filed (which I am sure they have sitting there in plain view during these settlement negotiations...)
jmo