What a fantastic read! As I have said here before, it seems like a trap was set with the hopes that there was a change to the CC and there was. The defendents took this change as "slight" but the reality is our attorney's knew it was "substative". There entire argument was set on our agreement of non-infringement based upon the previous CC.
I found the brief from our new legal team to be much easier to understand.
There is still hope!