This whole 11th hour filing with USPTO is another ploy by defense counsel to impress their clients and to set up the basis of a "possible", (emphasis on possible,) Appeal, should USPTO grant their belated application, which in itself is a very-very long shot...
They have not filed a Motion with Judge Krieger, because they know the judge has already denied their request for a Mini Markman because of cost of discovery to defendants...
GLTA...
Gil
