The '336 as it now stands is, IMO, much sturdier in the definition of its claims, and as such would hold up well to any further requests for reexamination, including the current request, given the exhaustive search and application of prior art to date. It seems unlikely there is much prior art left that, in various combinations, could be considered obvious (IMO).
In my mind, we now have a reinforced foundation, reinforced by the reexamination process of the last nearly 3 years. I do not anticipate any lengthy period of time for the next process steps as a result of the current re-exam request. This is my opinion, but the amendments to the re-certified '336 patent feel very solid. The questions at hand now are:
- What are the details of the infringements for the current T litigants (and others "on the hook")?
- Do the amendments still apply in any and all of these situations?
We have the '584 recert, and the 148 may come before long (hoping!).
Once again we wait for some good news to demonstrate these presumed effects!
Good luck to all.
Cheers,
DG
