Your last paragraph sounds odd to an attorney... an appeal is essentially a continuation of the same trial. Really the big problem is that double Jeopardy is a

Your last paragraph sounds odd to an attorney... an appeal is essentially a continuation of the same trial. Really the big problem is that double Jeopardy is a criminal law concept, so Saunders' argument makes no sense. Civil litigation like patent litigation is subject only to the restrictions of res judicata. If 300 million people want to challenge a patent 300 million times, they can (assuming standing, jurisdiction, etc...). But also, we've been reexamining patents forever, which is basically a slower IPR with standard and process tilted in Patent Owner's favor. That could also be done separate from, concurrent with or in addition to civil litigation. I thought the Federal Circuit did a pretty good job on this issue, but then again, their record in front of SCOTUS recently is just awful.