It certainly looks like AAPL is a floater, dead in the water. They lost handily in Tyler and based on my assessment, an appeal is not going to advance their position. I've really never seen a company blow up a case as bad as AAPL sabotaged their defense. Everything from the engineer deposition debacle to trying to back out of their invalidating prior art at the midnight hour. Truly they were beaten handily.
Sucks for shorts. Great for longs. I know they are crying in their oatmeal about having to put forward a meaningful ongoing royalty; that's the pain center for AAPL. It should be an exciting time to own the stock with all new buyers having to pile in at $34+. Congrats.
Boris, I believe Victor is right on the money. Apple has lost. I think Cramer just turned the tables on a group of shorts whom he temporarily appeased in the past. This is a dangerous time to be short, and Cramer yet again took advantage of the weaker position. It is not any more complicated than that.