Agree. What the "Rule 36" decison says to me is the two male judges (not the female Phd former research scientists) felt out of their depth. They knew R&G would immediately appeal. IMHO they wanted all 9 more of their colleagues to sit in judgement on this case. Or, perhaps defer to a decision before the SCOTUS. Why? Because of the tremendous ramifications for the entire cyber security industry from here on out in the future until something better than MFA/OOBA is created by another brilliant mind in IT like SFOR's Ram.
Assuming that final decision goes our way, SFOR SHs will be left standing firmly on a cornerstone of cyber security holding the best OTC investment they hsve ever made IMHO.