I realize that the T3 are referencing that precedent, and I understand it. And in the world where both the '148 and the'336 are valid patents, I realize that it's not something that can be argued both ways. But my point was more toward the idea whether there was any legal wiggle room where TPL could essentially throw the '148 out in it's entirety as though it never existed, and thus the prosecution history of it that contains the references that the T3 is recalling as part of their argument.

Probably not, I realize, but the one thing I know about the legal system is that it isn't necessarily about justice, but about what the law allows, so if there is any legal precedent that would make the '148 essentially inadmissable at this point, that's what I'm getting at.

I doubt it, but thought it an interesting idea if doable.