Excellent analysis HR, i agree, the lions share of prior art considerations are going to occur prior to the file of the patent, once filed any filer is in many respects stuck becuse of rules on claim revision so there is virtually no incentive, clyw did not file the satellite patent untill a year after they recieved '923 so no one could say that they were there 24 / 7 searching prior art prior to the issuance of 923. Tmobile could try to say that calypso deliberately delayed the satillite application for just that reason--but if they do the court room will need to be full of medics to treat everyone for laughter hyperventillation
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