This seems to work in our favor. "The Office may not authorize an Inter Partes Review to be instituted unless there is a reasonable liklihood that the petitioner would prevail with respect to at least one of the claims challenged in the petition." So we are only claiming claim 1 of patent 108--this claim and patent has two unanimous claims construction hearings in Edig's favor. Seems to me that there would be a good chance that the request would be denied. Were it for several patents and several claims within each patent it would most assuredly be allowed to be heard. I think Handal planned it this way.