Considering it's been almost a year now since the trial against Cox was convened so they could negotiate a settlement, eleven months since they reached an agreement, nearly a ten months since the motion was filed, and no one has as of yet reached out to the TA, I'm guessing there really was no other way.
Hard to believe after 7 years of PTAB hearings, discovery, expert discovery, more discovery, appeals to the federal Court of appeals and SCOTUS, Carter threw his hands up and said, "Damn, I can't believe you got us with a chocolate chip cookie recipe! You win!"