... Of course, in our particular case, we're not only dealing with a Markman ruling, but one in which the trial judge "overruled" himself even thought the facts didn't change....

...but the point is that, IMO, this is a significant distinguishing factor that I hope the Federal Circuit will take into consideration...

I agree, IMO, that could be "one" key issue, besides the fact that this judge Grewal is not any more a member of the legal administration. Was his move to Facebook arranged and rewarded with big remuneration and golden parachute?