Shermy: Maybe not, maybe they learned a long time ago.
According to the article, "The discovery... was made at least a year ago."
So, presuming that the story isn't a lie that was just made up when needed, this information has been withheld for at least a year. The leak was made at this time for some particular reason; it would appear that the purpose of the information release is to extend the lawsuit delay. We'll see.