I was trying to refer to this statement and it apparently didn't post when I hit the submitt button. In trying to find an answer to Albie's question I came accross this, which I find rather confusing. I had thought that I read somewhere that the USPTO had final say over validity, but this statement would, I think, contridict that.

"The USPTO has no jurisdiction over questions of infringement and the enforcement of patents."

http://www.uspto.gov/web/offices/pac/doc/general/

Look under:

The United States Patent And Trademark Office

last line second paragraph