<the PTO isn't reviewing infringment, only whether the patent continues to be valid.>

Well, no surprise, we disagree again. True the USPTO reviews the validity. But it also reveiws the scope of the patent which is governed by its claims. Some of the plaintiffs arguments deal specifically with such narrowing of scope which essentially puts everyone outside of the claim's scope. While I agree that the USPTO does not decide any infringement, it does define the boundaries of scope. And the judge is about to define them again.

If you remember what started this thread, I was commenting on whether the judge would consider what the USPTO has already done. Are you saying that he will not give any consideration to the reexaminations? The plaintiffs are hoping he does - as far as that which benefits their constructions. Nothing in the reexaminations can help us? Only hurt us? Is that the way the judge looks at it?

Opty