<Although a Reexamination Certificate was issued on July 21, 2009, with an amended Claim 29, Defendants have not yet asserted infringement of the ’584 patent in this litigation.>

I thought we pulled it then, when a recert was in the offing, attempted to reintroduce the 584 which the court rejected. (corrections welcomed) If that is true, then they worded it this way for effect, hoping the judge doesn't remember. Let's hope he does.

Opty