Curious, the J3 would recruit (assumption) this gadfly organization to act as a proxy in creating doubt in the public sphere regarding the validity of the patents in question at this date and time.  The crowds are beginning to gather.  The teams are warming up.

My gut feel says Judge Ward on the surface will not be influenced by today's event.  Even better, I like how our lawyers responded immediately. 

Prior to the Judge's announcement (Late May-Mid Jun), I expect the J3 to give all appearances of negotiating in good faith with the mediator, in order to show they are reasonable and seek the truth, insulating them from the charge they are not good corporate citizens and are seeking to quash little ol' PTSC.  In effect marking time protecting their backside, while hoping for a USPTO decision in their favor within the next 4-5 months, i.e. May-June timeframe.

Judge Ward may be in a quandry.  What is the liklihood, he would sit on his Markman decision until after the USPTO rules??  I cannot imagine he would give the parameters of a trial and then be told by the USPTO, the patent (s) are in question.  Highly embarassing.  I seriously doubt Judge Ward issues a summary judgement either way prior to the USPTO decision as well. 

Based on what I have read today about PUB, the J3 IMO has shot an arrow from their quiver, whose aim is true, and must be taken seriously but may fall ultimately fall short.  Their argument looks weak on appearance.  I believe the patent (s) in question are pretty airtight, but there is always the human factor to consider.  The USPTO may rule the patent invalid.   Then, the appeal process begins which could drag the patent validity on for years BEFORE the Markman decision is even announced, much less a trial several months later at worst. 

Virt