MNTA can petition for Supreme Court review. Ordinarily the SC does not grant pertitions for cert. However, another case in which the Fed Cir reached a decision that could be viewed as at odds with MNTA, Classen, is before the SC on a petition for cert. The SC invited the US Justice Dept's Solicitor General to express its views on taking up the case. That was back in June. I just checked the Solicitor General's website, and so far the SG has not responded to the SC's "invitation". Today's rehearing denial may open the door for the SG to issue its views.