I believe this prior art became known to the defendants after their discovery date. It was not at that time included in the case. The defendants want it included and since it would eventually have to be dealt with anyway, we approved the inclusion. IMO we may have gotten something in return. All part of negoiations.

 From defendants pacer filing:

"Defendants became aware of new prior art references relevant to the validity of the ‘336 Patent. Defendants seek to add the following references to their Preliminary Invalidity Contentions based upon the time Defendants needed to obtain and evaluate the Public Patent Foundation’s re-examination petition: 1) Mostek 1981 3870/F8 Microcomputer Data Book, Mostek Corp., Feb. 1981, 2) EDN, Cahner’s Publication, November 20, 1976 and 3) IC Master 1980 Edition,