> There is no appellate court above the Supreme Court.

That is true.

> The only way things could change now is if Congress/President passed a new law

That isn't true at all; the Supreme Court is free to change the law by itself. Someone could sue over the same question and get a different result overruling this one.

IIRC, they lost on the patent portfolio at the very beginning. That's how the case went to CAFC instead of the Ninth Circuit--there was a patent argument in the original appeal, which was dropped several years ago. And having already lost on the patent question in the past, any future case can point back to that decision and say "can't relitigate this point."

Yeah, before it expires.