Their attorneys obviously found some procedural question mark and they were advised to give this a shot first. Or, maybe they believe this is the only chance they have and in the meantime, they could negotiate or get public opinion going for them and against TPL???

Firstly, German companies have a statutory duty to ensure that their products do not infringe existing patents.

One defense is a nullity request, rather like the declaratory judgment request for patent invalidity. The other option was to negotiate a license.

The salient point here being the reason in seeking the nullification of the German patent. If there was no liability for potential infringement, why bother?

I humbly suggest that the revalidation of the German patent along with the recent USPTO recertifications makes proving infringement that much easier for Alliacense, and it is why I anticipate the licensing rate to increase.

Just how many ex parte requests from potential infringers will a court allow before deciding to progress a case rather than awaiting a USPTO decision on those requests?

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Be well