I dont need to tell the supreme court anything, they don't have other ideas sorry.
Sadly, SCOTUS has not made even ONE ruling since the AIA has been in place that has materially changed the AIA or repealled any part of it in any substantive manner
While we can continue living in Narnia, I live on earth, and I look at the reality of precedent as it stands TODAY, not as one hopes it to be
Betting on 'hopefully scotus rules this way, or the CAFC rules this way' on all these other cases has been discussed sir
One's hopes of the impact of other cases that haven't been ruled on does not change precedent, nor does it affect risk of WDDD