Acknowledging this discussion on the WHDA Blog, Patently O has this post on a recent decision by Judge Sparks of the Western District of Texas. While granting a stay of litigation in a two-page Order, pending the outcome of reexamination proceedings of the patents-in-suit, the Court gave the PTO an ultimatum:
The United States Patent and Trademark Office is ordered to expedite the reexamination of U.S. Patent Nos. 6,393,158, 7,467,218, and 7,890,648 and to advise the Court and the parties in these cases of its results prior to October 24, 2011. . .
[The USPTO] shall provide the results of its reexamination to the parties and the Court before the above date.