But in the earlier case failure to prove invalidity did not make anyone liable for infringement as they had not infringed yet. In this case failure to invalidate RI would make them liable? This stuff makes my head spin.
Gotta love the irony. Didn't Health Net just claim ignorance, saying that they didn't know anything about REDUCE-IT / MARINE patents - I'm too lazy to find the exact quote.
But now they are trying to invalidate the REDUCE-IT patents, you know, the ones that they knew nothing about just a few weeks ago.