According to what I read in the latest 336 reexamination. The USPTO has the Texas case set for jury trial

You would have to point out the passage/s in the latest '336 Reexam (which has only just recently been determined to under go reexam) that would lead you to your conclusion. Perhaps I am missing something.. wouldn't be the first time..

Reexam Ordered:

http://photos.imageevent.com/banos/uspto2/new%20qu336%20Reexam%20ordered%2011%2014%2009.pdf

Corrected Reexam Request:

http://photos.imageevent.com/banos/uspto2/qu336%20Corrected%20Reexam%20request%208%2024%2009.pdf

Now that being said, it would not surprise me to see TPL/PTSC once again in litigation in Texas at some point... and if they desired to have the MMP reach its full value/potential, the litigation would probably have to be carried thru to the end.. Unless we could get a settlement with a large dollar amount publicized.

regards