One reason the re-exam is taking so long is because all prior art (hopefully) will be brought to light and determinations will be made.

Therefore, upon completion of the re-examination and subsequent revalidation of the patent, there is no question as to validity being used as a possible defense.

Using the USPTO to confirm validity precludes the appeal/counter appeal process of a court-determined outcome.

I would correct one statement:

Judge Ward who is not known to await USPTO decisions would have decided validity

The jury decide based on arguments presented, not a judge in isolation.

After a jury verdict that z4’s patent was infringed and not invalid, the Eastern District of Texas district court ordered Microsoft to pay over $100M in damages to the patentee (a small Michigan company) The award was affirmed by the Court of Appeals for the Federal Circuit (CAFC).

http://www.patentlyo.com/patent/2008...

Be well