You are correct in that Nec, Toshiba filed the prior reexam see the following from the recent PR:

* December 2009 - The USPTO issued a Reexamination Certificate for the US '336 "Dual Asynchronous Clock" patent, ending reexaminations filed by NEC, Toshiba, and the Public Patent Foundation.

I don't know if a reexam must run its course once ordered or if the requestors can withdraw their request thus forcing a NIRC sooner than later. If it must run its course then I also agree with you that perhaps there is nothing more coming from the J3.

However, if the requestor can at any time withdraw their request, thus ending the re-exam, then my question remains, why wouldn't they withdraw their request once they reached a settlement?

Thanks again. Not trying to open up a can of worms here. Just thinking out loud.