Just read the following on freeadvice.com.  This a forum where you  can ask about legal matters and someone (???) provides you an answer.

• Answer---"Has the USPTO granted the reexamination yet? Typically the USPTO will rule on whether or not to initiate reexam within 3 months of filing or thereabouts (I am assuming this is an ex parte reexamination -- I have no idea about inter partes reexamination). Once reexamination commences, it typically takes 18-24 months, but it will depend on all of the facts."
  

When did the PTO grant the reexamination?  If the 18-24 months is legite, then all this discussion about the PTO ruling before trial is mute.