While many debate the CC and related issues, I remain focused on our real bread and butter - the patents. Per my understanding (being a part time lurker at this point), the '336 has been recertified (or will be) with amendments and the '148 may be recertified with amendments as well. The big question is whether the amended patents will carry the strength of the pre-amended versions. How will their strength be tested?
Here's what I suspect will happen. As I continue to believe in my delusional contingency theory - that the real money from the J3 and others would come contingent on the '336 and '148 surviving the re-exam process unscathed - I wouldn't be a bit surprised if the needed Test will come from Judge Ward's court in the EDoT. I would think the MOU, assuming the contingency theory, specified, as said above, the patents recert unscathed, unamended or altered in any way. They will be amended. Thus, back to court for further review and litigation.
Of course I may be wrong. But if we see renewed action with the J3 in EDoT, IMO it will prove without a doubt that there was a contingency provision in play. The good news is that the needed test will be in full view of all concerned. The bad news is that time will be required to get on Ward's hit list and for the action to play out. Other concerns also loom large, like whether we pass the test, whether any agreed royalty/settlement amounts per the MOU would have to be re-negotiated, and more concerns (full trial?).
JMH delusional O.
SGE