One thing we can ALL be sure of is that VRNG will, indeed, request a rehearing en banc. I truly think that is a given. Whether that will be granted or not is what is questionable. The odds are stacked against an en banc rehearing being granted, but they still do occur, and there is a chance it could happen in the VRNG case. Will it? Stay tuned for the next part of the mini series.
I agree with you that it is unlikely to be re-reviewed en banc. However, this was such a lazy & arbitrary decision that there may be a shot if one of the other judges has some backbone. In my opinion they (the two majority judges) don't want to deal with software patents and didn't want to deal with the other issues (laches, jury error) so they reverse engineered a decision so that could be so.
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