The fact that Gildea has let this in has nothing to do with the argument itself but he had to based on the procedural law.

We asked that Garmin not be allowed to argue this based on it was an indisclosed theory.

They responded that we should have asked more about the theory in discovery.

Judge agreed with Respondents.

They are trying to say that domestic industry should be re-established after the patent was altered in the USPTO. IMO

Throw everything at the wall at see if something sticks.

GL