Based on milestones post, it seems he/she knows that this was simply an official notice being listed in the Gazette that the re-exam request was filed. I'm not sure why he/she didn't actually elaborate on that. Simply go to the link below, and you'll see this is a posting of the list of exparte re-exam requests that have been filed with USPTO. There is typically a lag between when an action happens, and when it actually appears in the gazette (I think typically up to 8 weeks if I remember emtnesters comments correctly). In any case, go to the link, do a search for the patent number, and you'll see t that it's ONLY a reporting by the USPTO that they have RECEIVED a request for an Ex-Parte Re-examination on the '336. It does NOT say they have accepted, rejected, or are even considering it at this point (though we know they are by it having been assigned to an examiner for determination).
Essentially, this is a non-issue. Simply the government acting in typical "SWIFT" fashion to report something that happened 2 months ago.
http://www.uspto.gov/web/offices/com...