I do not think the settlement mood of any defendant will suddenly change because the USPTO has ordered a re-exam of our ‘774 patent.

I found some statistics on the USPTO website regarding ex parte patent re-exams.The date range is from 7/1/81 – 9/30/10.

a. Number of re-exam requests granted:92%

b. Overall re-examination pendency (filing date to certificate issue date):25.5 months

c. Re-exam claim analysis (requester is a 3rd party):

***** All patent claims confirmed = 25%

***** All patent claims cancelled = 13%

***** Claim changes = 62%

From the above data, we can see our ‘774 re-exam will take around 2 years to complete.The CO 19 case should be long over with by then.We also see that our patent is likely to have some claims changed…only 25% are unchanged after a re-exam.