I would simply ask what happens when the next set of companies sues TPL for declaratory judgement of non-infringement? We have to go through all of this again. Granted, it would be faster, but you want a favorable Markman to use as a big stick to keep all of the other companies in line, possibly demonstrating the futility of resisting the MMP in court. That way other companies will not have much of a leg to stand on legally regarding infringement and validity.