So there is small chance since it aint over till its over... moreover in all that's transpired and with the new wording of the patents can any of the infringers be labled as WILLFUL given that the patent wasn't even valid until Augist 14, 2009.
Say what!!!?
The '336 has always been valid since its issue.
The probable recertified '336 might have changes to some of the claims and the appeal extension is there as insurance just in case there is disagreement over those terms, in my very humble opinion.
Be well