"As of filing of this CMC Statement, the Reexamination Certificate has not yet been issued by the U.S. Patent and Trademark Office (“PTO”) since a Notice of Intent to Issue Ex Parte Reexamination Certificate (“NIRC”) was issued on September 11, 2009. One reexamination request filed on August 24, 2009 is still pending before the PTO and is not affected by the NIRC. On September 30, the PTO assigned this latest reexamination request to an examiner to determine whether this request for a reexamination will be granted. A decision is expected by November 24 pursuant to 37 CFR §1.515(a)"

"Defendants agree that an additional 90-day stay would be beneficial to allow the PTO to finish publishing the Reissue Certificate for the ’336 Patent. Defendants expect that the publication of the Reissue Certificate may facilitate settlement negotiations among the parties."

So who's right? And what will it mean? Will we get a recertified '336 and in the same time it will get investigated again??? What a strange and perverse system this is!!!!!!!!

Now, I don't hope the SHM in Chicago means something worse than this '336 news...