Not discounting that angle you mention, however it’s not only possible but probable that Apple’s defense strategy used in regards to the Justice’s remarks/questions, were formulated after the November hearings in the sense that Apple saw weaknees and doubt as it pertains to the way the PTAB operates, therefore they now try and exploit that loophole/angle. Where there’s an ounce of doubt, a company or defendant will try whichever angle sounds best and hope it sticks. Likely just the first line of defense for Apple. Throw it at the wall and see if it sticks.
News 
Market Data 
Discover 
