I agree with your assessment, except, with the PTO hanging a cloud over this thing,the defendants position will be to mediate in "good faith" but also to address the mediation process and thus a near-term trial date also, as "premature", due to the PTO re exam process. At least that would be my argument if I was a defendant.

A SJ and injunction would be nice but until the reexam is through, an injunction IMO will never pass muster but I could see a sumary judgemnt request coming down the line, and relatively soon too.