Planned by the defense????????"

If it was, (a big IF), perhaps that will conclude with one of two possibilities:

1. Re-exam goes forth, defense attempts to get a continuance for the Markman based on USPTO schedule (unlikely, according to Gil.) Defense may even have a HUGE pair and try for dismissal, IF re-exam is granted.

2. Re-exam DENIED, patents stand, settlement on the courthouse steps so as not to let DM use the newly issued denial in the hearing, and SIGNIFCANTLY raising the stakes for findings of liability of defendant(s). (How much time would it take for the judge to issue a finding FOR EDIG if this probability occured, and do you think DM might already have a "court finding and judgement" typed up, finding for EDIG, only needing the signature of the judge for this scenario... lol. (Hey judge, the USPTO says we're good, we've already prepared the paperwork as a courtesy for your signature, just sign and we can be on our way....)

Is there another possibility?

As we have mentioned before, many times, DM has done their DD. I bet they already have this case wrapped up... they just need the signature to make it official.