I don't want to burst anyoneís bubble but somewhere I read that patent law is different than criminal law. Basically in criminal law if you find something that can prove your case at any time, it is admitted. In patent law, they have already been convicted of patent infringement so now they will be sentenced. I think thatís the way it works so it doesnít matter that patents have been invalidated because they were already guilty. It sounds pretty stupid if you ask me.
*Note: Iím no lawyer, thatís just the way someone described it to me. If this is not correct, feel free to correct me.