Another thought I have is the "innocent until proven guilty" theory. I would expect, sense the USPTO looked at the prior art that in a suit like this we are going forward with the "valid until proven invalid" rationale. Plaintiffs job is to prove infringement however there are major amount of effort dotting i's and crossing t's and showing details so as to ward off the invalid approach. I look at some of this as sort of smoke and mirrors. If you use a Realtor and and abstract company to sell you house , all the fine print details will get handled. That is what is going on here, IMO; however , if you sell you house yourself and just give someone a bill of  sale, what happens when the buyer comes back and complains about items he found wrong..........you end up in court........you get a different approach ..........I bought a house but the wiring is not up to code and I must replace all the wiring or I can't use any electricity and I bought a working house to live in, says one. The seller says homes were bought and sold for year and year that never had wiring in them at all ,so what's your problem,Caveat Emptor buddy! I could have delivered you a scale model that matches what I wrote in the bill of sale anyway, at least you got the real thing........judge his claim against me is invalid...............The just would probably say, not so fast, let me read this bill of sale and see the house, and ask the buyer if he even inspected the "house" his was buying in the first place?

I would think after all said and done with the house sale, if the paper work is OK, that the seller made a valid sale and the Caveat Emptor would apply. So I chose to believe that the patents in our case are valid and try not to sweat the legal fine print. and hope that the paper work is in order.

Oh, and by the way, we get to change the paperwork at the PTO if needed to show our intent and usefulness of our patent, that is part of the re-exam, and that could just change some of the future infringements and or the time line of infringements.

I choose to keep the faith and be devastated if the patents are not what we thought.