"But do you think the PTO will see CE seperation upon IPR?"

The PTO manages the docs...lol They prosecuted each one independently..

They already know the score.

I read the IPR brief....as soon as I read, paraphrase "the prior art considered, is in consideration of 108 and 445 details"

They are separate patents, so how can prior art be considered as it relates to both 108 and 445?

IMO, the defendants set a red herring (IPR brief) in play...to try and catch the circuit judge off guard.

I'm hitting the hey as well, night all..

doni