"I think when was "allowed" by the PTO that started the whole shaaabang with asd..."
Trust me Paige, the whole patent infringement case against CDEX started WAY before the first CDEX patent application was allowed. It started in February, 2005 when ASD put CDEX under the microscope (so to speak) and began studying the scope of their granted patent claims.
Evidently, after over a year of studying the situation, ASD concluded that their case was strong.
CDEX IS ALLEGEDLY INFRINGING ON A GRANTED ASD PATENT CLAIM.
The CDEx patent applications are irrelevant as a defense in this case IMO, and in fact, may require rewording to circumvent ASD's established prior art.
