Importance of the <i>issue</i> (not necessarily the case) is a consideration, and the most likely one I think for a patent case. I&#x27;m not familiar with the specific legal arguments made by either side in this particular case that might be the basis for either side appealing, though, so I don&#x27;t actually have a prediction, I was just pointing out that the absence of an issue of Constitutionality of the underlying law isn&#x27;t sufficient to dismiss the possibility of SCOTUS taking the case.