If the patent holder needs to submit arguments to the PTO for the 336 or the 148 at this time, then I would imagine they are waiting until the last possible moment to comply.  Even if you have strong valid arguments that totally validate the 336 and 148, you are still at the mercy of the examiner.

You would want the PTO decision to take place as late in the game as possible.  Maybe even occurring after the settlement or trial.

Sorry if that has already been stated.  Until PTSC hits, I'm still a working stiff.  Can keep up with all the posts.