I do not believe it has any relevance to our situation. Corrections welcomed.

However as a point of information one must also consider the following when deciding whether to request an exparte or interparte patent reexamination.

<Inter partes reexaminations provide a third party the right to participate in the reexamination process and, thus, have a res judicata effect on the third party requester in any subsequent or concurrent civil action. See 35 U.S.C. §§ 314-315. . . .. Ex parte reexaminations, on the other hand, do not bar the requestor from relitigating the exact same issues in district court.>

Opty