Quote:
Originally Posted by jgaiser
Want to bet? Since an appeal will only look at procedural errors and we have a Judge who went out of her way to document her findings, *I* think that Apple will have to live with the results.
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Judge Cote has been overturned numerous times, including just a week or two ago. Going out of her way to document her findings may sound like a big deal, but it could also make it more likely that she will be overturned if her legal rational is found in error. Judge Cote is noted for detailed findings and it hasn't stopped her from being overturned in the past.
Also, I said injunction, not ruling. Injunctions are frequently set aside pending appeal. Judge Cote may even do so herself, it's not all that uncommon for a judge to set aside his or her injunction pending appeal. Basically all you have to show is that the injunction would cause injury and that there is a chance that the appeal will succeed. Given that Judge Cote's ruling is based on a rather novel legal theory, that has never been applied before, I think that lifting the injunction pending appeal is very likely.