..why then do you think TPL never filed their/our own MSJ.. given our position of strength after the Markman (and the '584 having been subsequently removed form this litigation) ???

I believe that TPL, by not filing, have continued to show a conciliatory approach to both the current litigation and licensing. It sends a message to all potential infringers that they are both fair yet firm in arriving at a consensual settlement agreement. To have filed the MSJ after the Markman would have harmed their standing and ethos for reasonableness, in my humble opinion.

It's not about winning in Texas, it's all about winning over 485-plus potential infringers.

Be well