<Past infringement with the 336 dependents on the required 336 re-exam modifications. Is there an independent 336 claim that was not changed during the re-exams. >
The correct question is not whether there has been modifications, only whether the claims are substantially identical.
<but in so far as the claims of the original and reissued patents are substantially identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent, to the extent that its claims are substantially identical with the original patent, shall constitute a continuation thereof and have effect continuously from the date of the original patent.>
And according to a recent pacer, it is clear that we believe that the present wording of the amended 336 claims are exactly what is required in light of Judge Ward's construction. You must have forgotten all this?
Opty
