We will not see a counter argument, unless the ALJ grants leave for the motion.At this point it is only a Staff recommendation that it be allowed.When Agility inquired whether they needed to respond to the motions for SD they were told....only if the ALJ grants leave to make the motions. So next move is ALJ's.

However contained in that earlier filing was some of the argument that pertains to the expert witness and "entire."

<Here, Respondents’ motion concedes that there is evidence in the record because Dr. Oklogbdzija explicitly states that it is his opinion that the Accused Products infringe under the Respondents’ and Staff’s constructions, and he provides analysis of the “entire” limitations for each product. Mot. 853-027 >

Since the motion is past the deadline, the ALJ can simply deny it as late.It isn't necessary that he deal with it beyond that, unless he wants to.

Opty