Makes sense but the counter (and maybe a bit too tin foil hat) is what about the PTAB 'bias'
It is obvious (no pun intended) that such bias exists. Question is (and none of us know) did it exist here.
But yes, on the face of it, you'd have to say, having someone with real tech knowledge being part of it, doesn't bode well other than if they can really argue the claim construction issue well enough and that the PTAB view really doesn't apply if you use either standard (phillips or bri)
That being said, if the legal firm behind this felt it was the best route (forget their name but they are on contingency i recall reading?), i would think if they are 'just swinging for fences' for the hope of reversing some claim rulings, that they would have just gone straight to district court?
Hard to say, maybe its just a sunk cost to them and figured why not, or maybe they feel they have a legit argument, one would hope its the latter
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