...the ITC proceedings, and they choose not to take much time to do so, or to listen to those who do understand. As a result, they place more significance on it than they should, and thus reach irrational conclusions. If one doesn't get the facts right at the foundational level, it's kind of like taking the very first turn out of the parking lot and going in the wrong direction --- until you realize you're on the wrong path, you may go a long way toward not reaching your intended destination.
Your post, for example, refers to the ITC proceeding as an "appeal". It wasn't. Instead, it was a direct filing in the ITC, just like a lawsuit is initiated in a district court.
The reasons for going to the ITC were very well founded, and, when first instituted, no one knew that the political atmosphere would change so drastically and so quickly. The potential advantages were: no jury trial, thus meaning a shorter process and less legal expense; judges who are supposedly specialists in patent law, thus providing a measure of expertise; and, in the event of success, the possibility of an import ban. Conversely, the potential disadvantages were limited: in the event of a loss, no import ban, but no requirement to appeal to the Federal Circuit.
As you can see, the potential advantages far outweighed the potential disadvantages. A win in the ITC would have been great, but by no means dilutes the verdict of infringement in the NDCA.
It it past time IMO for people to put the ITC ruling behind us, because it is a done deal that cannot now be changed. Someone might attempt to use it as "persuasive authority" moving forward, but, as we saw with Judge Grewal, the likelihood is that it will be ignored by judges and, further, not allowed to be made known to jurors.
Dwelling on the ITC ruling will only keep it alive in people's minds, but will never change its result. I'm all for remaining mindful of history when it is continuing to be the present, but the ITC horse is dead --- it can't be revived by us, and its ghost is not likely to be very useful to our opponents. Let it go.
