I don't see where his response says or implies USPTO review is not expressly incorporated into any settlement.

If any company had expressly stated that they had come to agreeable terms for settlement and were only waiting for the USTPO validation then how could PTSC say the USTPO review "could be" a factor - it absolutely would be a factor. Similarly, how could they say they dont know how significant a factor USPTO review may be - if any settlement was expressly contingent on validation it would obviously be an extremely significant factor. Accordingly, the fact that they dont seem to know suggests that no company has expressly incorporated it into any settlement and they can only speculate themselves if that is a factor to the companies they are dealing with. IMO.