The June date for markman was rescheduled due to criminal cases having a priority. The August date was canceled due to an argument based on the proper linking of the provisional application to the parent patent.
The issue did exist and at the time the Judge thought it would be best to rid the material law prior to the markman date. There is no point of scheduling a markman if the case could be thrown out. The Judge may find it best to uphold the MSJ to settle on a date, which is understandable.
I understand your concern with Obama appointees (Eric Holdeman for example). But patents are not a primary campaign issue anymore for Obama (it's not like this is debating obamacare). Also this Judge has ruled in favor of some issues that obama was against (an oil company that was polluting).
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