Quite honestly, I have no idea if an appeal to the CAFC would help. Getting a reversal surely would, but even at 50-50, it's a worrisome proposition. I'd just leave it for now. However, if TPL sees a lot of refusals during their licensing discussion with alleged infringers citing the ITC claim construction, then it may make sense.

I keep coming back to the reality that time and money are quickly fading.