The ex parte request was received by the USPTO on 09-21-2006, with the re-examination ordered on 11-22-2006,  the presentation was on 04-27-2007.

Yes, TPL was fully aware of the situation when addressing the ASM, but it gets better:

CUPERTINO and CARLSBAD, CA, June 18, 2007 - The TPL Group and Patriot Scientific Corporation (OTCBB: PTSC) today applauded the Markman ruling of the US District Court in the Eastern District of Texas, which broadly confirmed the strength of the Moore Microprocessor Patent™ (MMP) Portfolio jointly owned by the two companies.

According to Dan Leckrone, Chairman of The TPL Group, "The Texas Court ruling reflects well the skill of the Texas Court in dissecting and dealing with a very complex case over the past 15 months." He noted that while the ruling overwhelmingly confirms MMP Portfolio claims against Matsushita, Panasonic, JVC, Toshiba, and NEC entities, there remains a specific, highly-technical phase that will require further scrutiny.

Jim Turley, Patriot President and CEO, added, "The court has ruled positively and constructively on important aspects of this case in ways that broadly confirm the strength of the MMP Portfolio by definitively establishing and clarifying the meaning to be assigned to the claims of the MMP Patents. The court's decision clearly demonstrates why 19 prestigious global companies have already purchased MMP Licenses."

A copy of the entire 28-page ruling may be found at both TPL Group and Patriot Scientific websites (www.tplgroup.net/ruling and www.ptsc.com/ruling).

The sweeping scope of products that use MMP technology continues to encourage system manufacturers from around the globe to become MMP Licensees. Since January 2006, HP, Casio, Fujitsu, Sony, Nikon, Seiko Epson, Pentax, Olympus, Kenwood, Agilent, Lexmark, Schneider Electric, NEC Corporation, Funai Electric, SanDisk, Sharp Corporation and Nokia have all purchased MMP Portfolio Licenses. The two earliest MMP Licensees were marquee chip makers Intel and AMD. By design, the MMP Licensing Program rewards early movers in specific industry segments by subjecting dilatory, slow-moving licensees in those same segments to progressively higher royalty rates.

http://www.ptsc.com/news/press_releases/20070618.asp

Be well