I think I have to disagree here. If getting the patents invalidated on a technicality in filing isn't their best chance, then what is? USPO review? Prior art?  I don't think the Falk/Fish issue has anything to do with what the defense is implying. Not long ago most of us,here, felt the 336 should be solely ours because Moore had nothing to do with it's invention. Did he? Now we NEED him to have, at least, made 1 claim within the invention of the 336 or the J-3's stance is that it should be invalidated for knowingly filing false docs.(ie. inventorship)

Presently(my interpretation of the risks change from time to time) imo this grey area now stand as the largest of 3 risks. The 2nd is Fish himself, who always seems to be pressing a knife in our backs. Do we have an agreement with him? Are we sure what he will say on the stand? Lastly the patent review to a minor extent. Anyway just some thoughts. Hope I stayed just outside of Ease's Fud zone. And especially the Iranians.

Banos posted the Higgins letters and may be worth the reread.