If what you are proposing is true, that means AVZ was willing to waste the Supreme Court's time, not to win the case but to delay their opponent. If what you are saying is true, they would be wasting tax payer's money (funding the court), they would be wasting shareholder's money and they would not be a model litigant.
That behaviour (if true) would only add to the pattern of what could be seen as deceptive conduct. I don't think your theory helps in this instance.
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