It seems quite reasonable for apple to avoid the renegade court. The court is known to intentionally violate the Federal Rules of Civil Procedure to the benefit of patent holders.[1] You must seek permission from the renegade judge in order to file Summary Judgement. "A party may move for summary judgment" They may not move for summary judgement, because the judge denies this in this court. "The court should state on the record the reasons for granting or denying the motion." The court does not, because the judge will deny permission to file the motion that would have them explain why they are denying a summary judgement motion.
I consider their willful breaking of the civil rules "prejudicial to the effective and expeditious administration of the business of the courts". That is to say, I consider it judicial misconduct. The court is corrupt and broken by patent greed. Apple is right to avoid this den of misconduct.
http://www.txed.uscourts.gov/cgi-bin/view_document.cgi?docum... https://www.eff.org/deeplinks/2014/07/why-do-patent-trolls-g...