If you do not make an argument at first instance, you cannot appeal a judgement on the ground that it was not considered.

So you're fighting in the lower court because you need to fight there. Remember, it's the fight that costs money, so no matter what you're always on the hook for something.

The question ends up being are you on the hook for the cost of the fight or the cost of paying them off.

> Maybe I'm just really dumb, but can't anyone sued in this court just appeal to a higher court that isn't run by renegade turds?

Only after the expense of trial (and some people see the Federal Circuit, which hears all patent appeals, as being run by renegades, too), and the appeals process is deferential to the trial court in a number of ways, so this is time consuming, expensive, and still doesn't undo completely any tilt from the trial court.

Not a lawyer, but I'd presume the reason a defendant would file for summary judgment would be to avoid the financial burden associated with a meritless case. If summary judgment is rejected, then making an appeal would likely be more expensive than just settling with the plaintiff.