12 Judges most likely equates to 9 more that don't understand the technology either, but are they going to admit it, or use magic number 36 to hide behind. Judges are elitists in their thinking and support other Judges unless the ruling is obviously erroneous by law. My friend at the Federal Court level tells me they are importing subject expert (IT) attorneys from all over the country to spend time not only educating senior judges, but writing and/or correcting and updating old references with the new. (not case law). It's a swinging door of bright upcoming attorneys filling the chambers of these out of date Judges, but you know, it is very hard to understand everything no matter who you are or what title is behind your name.
I can't see 12 (really 9) Judges going against their own in a trial or hearing about something as technical as this case...hopefully we can get a SCOTUS date and ruling, then we would definitely have the ultimate prize...but I will say a re-trial with a better oral argument would be much quicker and beneficial in the short term...all IMO