I am not sure about that now. I was in the CAFC courtroom when Chen remarked about the weakness of the '822 patent. However, in a follow up statement, he remarked that the other patents didnt have the same problems. I re-read the the '679 and '565 patents to get a better feel for them. '565 is a minor supplemental patent, but '679 is a fix to the '822 problems and is the major infringement going forward. Wayne had to hear that remark and take it back to the 13 if they are in contact. '679 appears solid and there will be no escape for the 13- I cant see them putting that in front of a jury.
All information provided is the opinion of this poster from review of information in the public domain.