Summary Judgment is persuasive precedent. A higher court affirming Summary Judgment is controlling precedent for that circuit and highly persuasive precedent fo

Summary Judgment is persuasive precedent. A higher court affirming Summary Judgment is controlling precedent for that circuit and highly persuasive precedent for other circuits. The ruling here is limited and narrow as to the particular patent in question, but it is precedent. Your hopes of being wrong are fulfilled.