I'm not sure anyone is actually legally compelled to do anything with any file; an email from Voltage via TSI is hardly binding.
But the lack of C&D is just baffling, you'd think to buttress their punitive damages case they would have fired that off the second it came up in court realizing they should have done it from the get-go.
The only reasons I can think of are
a) Their lawyer is just incompetent. b) They've given up c) They're playing some sneaky Jedi 3D chess game that we just can't see