I think you may be confusing the "Texas action". I strongly suspect (based on context) that what they're talking about is the action for the change of venue to the EDoT, and NOT regarding the settlement with the Js (remember, the Js SETTLED - which means the matter is settled, done, complete, with no recourse/remedy - unless of course one of the parties to that settlement fails to live up to their obligations per that settlement).

So, we pushed for a change of venue to EDoT, Fogel rule "no", and that decision is what TPL believes may be appealed to the SC. I don't know if the decision is "appealable", or if the occurance of prior litigation on some of the same patents is a compelling enough argument.

JMHO,

SGE