in the re-exam, and the USPTO initially invalided Forgent's patent, then it would appear that Echo Star had even more reason to forget the infrigement charges and argue for invalidation during trial.
Our re-exam as you said is ex parte which I believe means that only we are involved. So far, USPTO has not invalided our patents.
How then would the Js have any strength to argue invalidity, with
Markman in our favor, signings and no negative results from USPTO?