http://www.internetnews.com/bus-news/article.php/3564526

Note the last sentence.

"The USPTO typically takes from two to five months to decide whether it will re-examine a patent; the entire process can take from 18 months to 10 years, Ravicher said."

Do you think Judge Ward wants the J3 dispute sitting on his docket for 18 months, much less 10 years?  I think not.