Thanks Ron. FWIW…I emailed a Patent Attorney yesterday and asked him if he felt there was any chance that Judge Ward would stay the case pending the USPTO re-examination. His response:

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“Defendants will often move for a stay of the litigation pending re-exam.  It really depends on the judge and how far along the case is.  Since the case is pre-Markman, based on my experience, it's about 50/50 chance that the judge would stay the case. I just had a stay denied a week ago...the one before was accepted.”

With that said, this attorney has never practiced in Marshall Texas so I am hoping that the odds are more like 0/100. IMO, this is one of the unknowns that the market is watching right now therefore holding the PPS down, because should the Judge decide to stay the case, than we would have to wait 6-24 months for the results of the re-exam. IMVHO, if/when we know for sure that the case is moving forward, either because the defendants request a stay and it is denied or the Markman happens, the PPS will see a pop.

GLTAL