There is a third option

3. Patent recert is issued either before all appeals are finsihed or during by amending the claims to get it recertified but with less of a "bite".

Our patent is in "limbo" right now until the time period is up for us to either continue with reexam through IDS filings or file for an appeal....

...so yes it is "Valid" but it has the weight of a feather rather than a club when trying to negotiate a license and in the No. Calif. courts probaby less of a weight than even that feather. It's like having a gun with no ammo...it looks good hanging on the wall at HDQTRS but is useless when you try to go "hunting' with it.

Our upcoming Q will probably show how little bang it had when the revenue for that one license is revelaed and next qwuarter it will show how little they latest licensee paid too.....anything under $5Mm is no more than a nuisance fee to these guys...probably only a little more expensive than their legal costs would have been