Actually, I believe part of the J's defense does deal with the validity of the patents. The applicability of ACP has been a big topic primarily because the validity part of the J's defense would be weakened considerably if Judge Ward decides not to go against the CA ruling against B&O/PTSC. I personally believe that one of the primary reasons for the 30-day stay had to do with Judge Ward's inclination related the ACP issue.
Could be wrong - corrections welcome.