From what i can ascertain, Litigation Searches are the responsibility of the examiner who then has the responsibility to review such litigation...it usually occurs at the beginning of the reexam and sometimes as a final check...BUT.... can occur at any time during the reexam....PTSC would have notified the examiner regarding the J cases and maybe the current search is on due to the latest cases in No., Calif and the requests for movemnt to Texas...no one can say for sure..but the searches can happen at most any time....and usually the examiner is notified by the patent owner of any litigation proceedings that occur.

V. LITIGATION REVIEW AND ** SPRE APPROVAL

In order to ensure that the Office is aware of prior or concurrent litigation, the examiner is responsible for conducting a reasonable investigation for evidence as to whether the patent for which ex parte reexamination is requested has been or is involved in litigation. The investigation will include a review of the reexamination file, the patent file, and the results of the litigation computer search by the STIC.

If the examiner discovers, at any time during the reexamination proceeding, that there is litigation or that there has been a federal court decision on the patent, the fact will be brought to the attention of the >CRU or< TC SPRE prior to any further action by the examiner. The >CRU or< TC SPRE must review any action taken by the examiner in such circumstances to ensure current Office litigation policy is being followed.