Fully agree. I was involved in a state tax case years ago in which taxpayer was wrongly deprived of due process and denied a refund. Should have been a slam dunk, but one court after another denied the claim. We asked the "Supremes" to review, and they declined. Nothing is for sure in court, especially with a jury trial.

I also believe KSR and obviousness will have to be hurdled at some point. I'd prefer it be later, but if sooner, so be it.