alm, I think the remedy as has been discussed throughout the Board, is a Rule 60 Motion for Relief from Judgment, which is made in the District Court in Nevada. The grounds are mistake (Bhatt), fraud/misrepresentation (Heinecke/Cropped Table), and fraud on the court (Heinecke/Cropped Table).
The reality is that in this type of proceeding, en banc, the court is not concerned about statistical flaws affecting only this case. This is why Markman opined that referencing the Bhatt Report would ensure rejection of the en banc Petition.