[rhino369]

You don’t have to invalidate the patents at the USPTO. You can argue invalidity in court. Uber almost certainly looked for prior art.

And in most cases uber wouldn’t use ex parte re-examine. They’d do an inter partes review, which would them to stay in the proceeding and argue for invalidity.

[asabjorn]

What is the difference between inter partes review and ex parte re-examine?

[rhino369]

The biggest difference is ex parte re-exam doesn't allow the requester to participate. It's just the patent owner and the examiners. If the patent owner makes an incorrect statement to try to keep the patent there is nothing you can do. An IPR is a full hearing on the validity. With evidence, depositions, briefing, and oral arguments.