I think that is what they want, but the court just decided Bilski two years ago, and the guy who was in favor of categorically excluding business method patents in that case, Stevens, is no longer on the court. I just don't think it's a winning strategy is all.
I'm sure someone has, but I think this may be an example of either: 1) setting the ask for a negotiation high then bargaining down; or 2) the engineers calling the shots.
