I am quite confident that a license was in fact provided to the J's, but any payments therefor are contingent on the reexams (and/or something else?). When you think about it, why else would Judge Ward still need to be involved and watching over this? It has to be due to a legal matter, and one involving the patents that were at issue in his case. Otherwise, I would think he would decline to be involved, and it would be unnecessary anyway.
His supervision ensures (among other things) there are no questions or disputes between the parties, regarding interpretation of the patents once USPTO finishes with them.
I'm feeling better about this now. I hope we demanded much larger $$$ for agreeing to wait. It would also say that we feel very strongly about our prospects at the PTO. All MHO>