Didn't say it was the other way around, now did I. I said there would be delays. All infringement cases are considered and reviewed by the USPTO. Did you expect the UPTO to ignore the allegations of the new case, and turn a blind eye, as if it did not exist?
Whether Scanbuy's case is relevant or not Scanbuys case against NEOM, has been reviewed by the USPTO, just as NEOM's case against Scanbuy in order to determine relevance - more time and delays in building NEOM's case file.
See if you can get behind this - If the USPTO, had already issued a reexamination report stating that Scanbuy's patents and claims were narrow and unenforceable, there would be no alleged grounds for an infringement case against NEOM. The courts and any jury would have to rely upon the USPTO decision. In the district where this case was filed, an uninformed jury trial can find in favor of the defendant, without all of the patent facts which must be determined by the USPTO. The courts hand down decisions based upon violations of law in infringement cases. The validity of a patent is determined by the USPTO, and a court decision can be overturned by the USPTO, patent decision.
The fact that Scanbuy's patents are unenforceable should have been challenged by NEOM long ago, heading off any unjust time wasting law suits by Scanbuy.
I did not state that a trial rendered decision on the Scanbuy case against NEOM would would have to be made before the USPTO handed down a decision on NEOM's reexamination. The fact that there is another case causes delays in evaluating the relevance of the new case and NEOM's reexamined patent claims.
