As a non legal professional my views have little value.
If Slash is correct the validity of GERS' patents had changed eighteen months ago that would explain why the GERS' attorney did not lead, not even mention it during the hearing. GERS had no support within the USPTO. Then somehow the USPTO changed its mind again and issued a FINAL declaration of support for the patents last week, seems bizarre. But this is what appeared to have happened. Hell of a way to run a major federal agency.
I do not know how this new finding will help our cause. I do not know if you can petition the court before they render their judgement. I do know that you can do so after the judgement is delivered. Although petitions for rehearing are filed in a great many cases, few are granted. From what I have read the most promising approach to being granted a rehearing is when a material factual or legal matter was overlooked in the decision. And that "could" be what we have here, IF Slash's conclusions and the language we read from the USPTO means what we think it means (again).
I am fairly certain based on what I witnessed that if nothing is interjected into the deliberations that we will lose in the Federal Circuit. Then, I hope that the new USPTO position will be used to petition for a rehearing. IF all this happens in this way then we are in the position that I thought that we were in going into the appeal. The USPTO telling the court, we have not been deceived and the patents are valid. I think it would be hard for the justices to continue with the line of reasoning they exhibited during the hearing -- stating that the USPTO had been deceived when the USPTO states otherwise.
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