seems to me that the defendents used prior art in the Markman hearing proceedings to prove they didn't infringe and that our patents are invalid. No?

I know Despain addressed the Prior Art of other inventors that the defense cited and Despain "discounts" the prior art by explaining the Novelty of the 336 the 148 and 584. Apparently Judge Ward agreed with the exception of One Highly Technical Phrase regarding the 584. But does that invalidate the entire novelty of what the 584 does?

I don't understand the technicalities of how the 584 "fetches" but it sure sounded "unique" when I read Nathan Hales descriptions.  lol Regardless of the right justified term.

Hoping that even though ARM slid by on the right justified "term" our patents, all 3 will remain in tact based on originality and uniqueness.

So, if (as others have stated) we already know what the defense is claiming invalidates our patents AND we are in an ex-parte re-exam with the opportunity to "explain" and prove the novelty of our patents YET again to the USPTO, aren't the odds in our favor? 

I just can't see it any other way ( so please help) and I would truly like to know if the uspto guy/gal that is doing the review will be so brilliant as to find something now at this juncture in the life of PTSC/TPL after Alvin Despain, 21 other companies and JUDGE WARD COULDN'T????

I really want to know what the uspto could  find at this point?  Think about it.  We are going to be "assigned" a representative of the United States Patent office.

They are going to be "searching" for "information" that invalidates us. Do they have access to HIDDEN records that NO ONE else knows about and suddenly they are going to go Ah Ha!  We have it!  We have Found Prior ART that changes everything now about the 336, 148 and the 584?

Really, does anyone know if the research this rep. will be doing is ANY different then what all of these prestigious law firms and IEEE's and Computer Scientists have done?   I am NOT putting down the uspto or the hard working people that are there, I just want to know if others really believe there is better than a 50%, 75%, 90% chance of this happening?

Or is there just a "hail mary" going on here?

TIA

GLTA

Deb