I was wondering (assuming) that once TPL filed for appeal, that the ex parte reexam would be placed on hold.  I found the following on the USPTO site which I think confirms my assumption.  Opty

VI.     < APPLICATION UNDER JUDICIAL REVIEW

The administrative file of an application under judicial review, even though carried to a court, will not be opened to the public by the U.S. Patent and Trademark Office, unless it is otherwise available to the public under 37 CFR 1.11.

During judicial review, the involved application or reexamination is not under the jurisdiction of the examiner or the Board, unless remanded to the U.S. Patent and Trademark Office by the court. Any amendment ** can be admitted only under the provisions of 37 CFR 1.198. See MPEP § 1214.07.