"It does seem like a waste of NEC America's time to pursue re-exams if they already have the rights to the MMP package."

It's public knowledge that the settling of current MMP litigation is contingent upon USPTO reex decisions. Therefore it doesn't make sense that NEC America has unrestricted rights. Why would they purchase MMP rights if they were granted 3 reex's? Why would TPL let them use the rights without conditions while being reex'd by them? What makes sense to me is they only have negotiated permission to continue to sell products that perhaps infringe while being exempt from paying a fee. Hardly a waste of time when they had reex's going for 3 different patents at the same time.

Similar scenario for the J's.

"If they were initiated prior to the settlement date, it means nothing,"

Of course the reex's were initiated (2006) prior to the settlement date (2007) otherwise there would be no reason to have a business resolution. If there were no reex's they would have purchased a licence by now because their chances in court with the USPTO backing up TPL's arguments would be nil.

All IMHO. Comments welcomed.

GLTAL