The appealed case would have been stayed until all 2 or 3 USPTO re-exams with modified patents were completed. This could have entailed a 2 stage appeals process for each patent. First a special USPTO appeals process (available on re-exams) and then through the normal appeals court.

and

There is also a danger that during any of the jury trial, a patent claim that is to broad could be invalidated by the jury. The USPTO will not fight or overturn a Tx District court jury's invalidation. At the appeals court, TPL can't argue for a narrow version of the invalidated claim after they have already argued for a broader version of this claim at the previous Tx district court's markman hearing.

Do you see the inherent contradictions?

Be well