Also, there are reasons to want some of what the W3C provides that the WHATWG doesn't. The W3C has many more member companies, and it can get them to sign off on patent rights so there's less likelihood of some one of Adobe's patents on page layout in InDesign suddenly being infringed by web browsers due to something in the spec.
And finally, I think that the W3C wants to stay relevant and so it keeps on trying to work from a basis on the WHATWG spec, and promising it will be good this time, and then it goes off and pulls this stuff again.
The patent policy only has commitments from members of the WG who developed the spec, so only have coverage from Adobe patents if Adobe is a member of the WG. (As it happens, Adobe still has one representative within the CSS WG, who happens to be one of the chairs.)