It’s been three months since the U.S. Supreme Court refused to disturb a $391 million patent infringement verdict that Versata Software Inc. won against SAP AG. Yet on Monday the software giant lodged a new appeal in the case, hoping that the U.S. Patent and Trademark Office will offer an escape.

Versata’s lawyers at McKool Smith have coined a term for what SAP is doing—”finality avoidance”—and they aren’t happy about it.