The letter is simply arguing that the chairman of the full commission should give no weight to the NDOC decision because different products and witnesses were involved and it also makes some points about the ALJ decision being the correct one in their view. The letter says the following on the NDCA case (their italics and underlining of the word "finally"). I do not think they know for a fact there will be post trial motions but they are assuming there will be:

"Finally, the NDCA action is far from final, as the parties in the case have not yet filed post- trial motions. It is therefore premature to consider the impact of the NDCA action until the district court adresses the post trial motions that are forthcoming."

I find it remarkable these companies and virtually an entire industry are spending all this legal time and money trying to bury TPL/PTSC. I guess they must be guilty; to be making such an effort and going to such great lengths trying prove us wrong... Why don't they just properly license?