Long time holder. It has left a mark,lol. But we appear close. So, question is can Apple appeal again Why wouldn't they, enhanced damages if they do? Saw a post on IV that said this (hope its not right): Actually the next thing on Schroeder's action item list is to decide if he wants to entertain Apple's motion for a briefing round (and possibly a hearing) on the implications of the Halo/Stryker SCOTUS decision.
I have already opined that he is likely to accept a briefing cycle....but reject a round of hearings...
Assuming the above....Schroeder's decision won't be out before mid-to-late July at the earliest in my opinion.....Apple will appeal (on the LAST available day) which by my timeline would be around late September (please note I am adding a judge-granted 30-day extension period to file the appeal given the issues and size of the award....so the appeal could be required in late August) and the CAFC won't put it on their argument calendar until January....with a possible CAFC decision around July of next year. This means the appeal itself is approximately 9 months (the Fed Circuit median appeal lasts around 7 months).
If after the oral arguments, it appears that VHC will prevail, Prost COULD call for an en banc decision to override the 3-judge panel...allowing her to "stack" the deck against VHC. This could significantly expand the time to a decision (by 4-6 more months) and increases the chance of a remand (as the ONLY reason for an en banc in VHC's case would be a political attempt to reverse the decision....because none of the issues in VHC are controversial or abnormal enough to need an en banc clarification).