Fantastic write-up and analysis alm. I did not know that you were an attorney in the UK. That is awesome. If I ever have a referral needing UK counsel, I will most certainly contact you.
I agree that it will be interesting to see how this all unfolds. As to the Mori/Bhatt, as I explained yesterday, I was going there, but then Markman stated in no uncertain terms that advancing such a position would ensure en banc rejection. I made the decision on the fly, several hours before filing, to pivot exclusively to the arguments that we made, as I feel they are strong. With the long en banc odds, the prudent practice is to increase the odds of being heard, rather than decrease them.