If this was a legitimate case I'd have expected this guy to bring it a LONG time ago... I hate to see patents used like this. There are tons of patents filed all the time on pieces of genetic code, equipment used to discover them, etc.. no one knows what they do they just run out and get a patent. They hope to one day get royalty pay days from them.
I think there needs to be a MAJOR revision in patent law in order for it to continue to be effective (what that is I have no clue it just needs to be fixed).