That reasoning would have them dropping the complete action and refiling again to take advantage of the Priority Date problem. They did not do that and chose to push forward with a limited time frame on the infringement.
They are not going to wait around for an Appeal decision. The courts are backed up as it is and they need a win to push for more lawsuits over this IP. Susman is running a profit business and this is costing a fortune. Net here they move forward ASAP.
News 
Market Data 
Discover 
AI
