[pwalker8]

Originally Posted by DuckieTigger

Except this time around the appeal (US v. Apple+Publishers) is not going all that great. Of course have to see how this trial goes first. Coincidence that this gets allowed to go to trial after the appeal might fall through the first time around?


[Page Proof] Brief for Plaintiffs-Appellees United States and Plaintiff-States (August 14, 2014)

In general, one can't tell how an appeal is going until the panel rules. Heck, some court followers said the Judge Cote was expressing skepticism about the DOJ's case against Apple right up to the point when she released her decision that bought into every one of the DOJ's theories.

Allowing a case to go to trial while an associated case is in appeal is fairly normal. The appeal might last for years.