3. The Supreme Court CVSGed, and the SG said the patent was not enabled and recommended denying cert.

I think it is unlikely (not impossible) the full Court will rule on the motion within 24 hours of a response brief (a reply would come in Wednesday, hours before the stay would expire).

Barring that, the plaintiffs say there is NO opportunity for appellate review of Judge Kacsmaryk’s order until he gets around to entering a final judgment, unless he chooses to exercise his discretion to certify an interlocutory appeal, which he’d never do.

There are actually a number of cases like this. Cement Kiln Recycling v. EPA was put into abeyance in 2004. For the last 19 years, the parties have filed regular status reports stating they are still in discussions.