My understanding is that if the USPTO identifed a problem, the patent holder must be granted an ex parte review.  On the '584, how long has the ex parte review been in process?  The ONLY difference is that the '584 failed the test of the Markman.  The '148 and '336 did not fail that test.  So if my understanding is wrong, and an ex-parte review is not mandatory, considering the Markman results on the '148 and '336 (vice the '584), would it not be expected and more than justifiable to grant an ex-parte review?

Ex Parte filings are essentially fire-and-forget requests. The main role that the filing party has is in making the initial request that the Patent Office look at new evidence regarding the patentability of the alleged innovation. The USPTO has 90 days from that initial request to decide whether they are essentially going to take the case or not.

http://www.mfeldstein.com/iex_parte_i_and_iinter_partes_i_patent_re_examination/

Be well