Tired fingers, but I'll offer a quick and easy response:

How was TPL in a different position, at that time in the ownership dispute?

TPL, private corporation, accountable only to themselves (with, at that time, plenty of cash), data accumulation/reverse engineering and notifications in process.

PTSC, public corporation, accountable to some 15,000 shareholders anxious for rewards from the patents on water.

Hope this helps,

SGE