Is this of concern at all as CAFC considers the IDCC case? It's lengthy, and may have no relevance but I was bothered by a couple references.
Typhoon Touch Technologies v. Dell et al (CAFC 2009-1589) precedential; Judges Radar, Newman (author), Prost
http://www.patenthawk.com/blog/2011/11/means_on_the_wind.html#more
What the CAFC is actively doing in several statute sections is creating self-contradictory case law, so as to more readily excercise bias towards large corporations
.