Unfortunately you may be correct. FWIW, I ran this by a PA. Here is his response:
“That's good news, though I doubt it will carry much weight here. The USPTO oftentimes doesn't consider what happens in US District Court, so I don’t believe they will pay much attention to the affirmation of the German Patent Court.”
Oh well, let's just hope that whatever Germany saw with the patent, the USPTO sees, and agrees. Good luck to you, me, us, and all longs.