Yep, I understand, but that's the way it goes. We must remember that, to the Federal Circuit, the case probably is viewed as "nothing important here" --- to them, it's probably seen, at least on the surface, as simply another case in which the losing party wants the trial judge's Markman ruling to be reversed. They probably deal with similar situations quite frequently.
Of course, in our particular case, we're not only dealing with a Markman ruling, but one in which the trial judge "overruled" himself even thought the facts didn't change. As far as I can recall, the only thing that really changed was the AIA and the resulting "push" in the federal court system to punish "patent trolls". I posted about this back when the current Markman ruling was issued, so I won't revisit that further --- but the point is that, IMO, this is a significant distinguishing factor that I hope the Federal Circuit will take into consideration.
And so, we wait, and, as always, we shall see. Take care.
