I don't believe the latest re-exam was requested by Toshiba or NEC. I think it was HTC or one of the current litigants.

The re-exams requested by Toshiba, NEC and Pubpat were filed in the 2007 time frame while the legal battle with them was still underway. Once a re-exam is filed and a re-exam is determined to be ordered, the requestor is essentially out of the process and can't provide any more input, which I believe even means that they can't WITHDRAW their request. So therefore, the re-exam that was finally ended by the September NIRC and subsequent November Re-Ceritification, HAD TO run its full course with the USPTO, which is independent of any settlements or other court action (for the most part).

So, don't read anything more into the fact that resolving the re-exam took until late 2009, even though it was a re-exam from requestors that settled in late 2007/early 2008. Once the re-exam was underway, the requestors had no way of stopping it, NOR would they really have any reason to.