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Yes, to appeal or not to appeal. In a case like this, there are a lot of complications. Some of it is emotional, as far as I can tell, upper management at Apple is firmly convinced they did nothing wrong and are angry they are being punished for doing nothing wrong. IMPO, Jobs would have taken it all the way to the Supreme Court for that very reason. Not so sure Cook has that sort of personal attachment to the case.
Second, you balance the cost of continuing the appeal verses the cost of not appealing. Even if Apple wins, they will never get all the money they have spent back. On the other hand, not continuing the appeal means that they will have to pay out and then there will be a bunch of copy cat suits trying to cash in. Companies are finding that the old tactic of paying the Danegeld to make the suit go away can get pretty expensive, and that it frequently can open them up to other suits (just ask BP how well offering the quick settlement worked out for them).
I really have no idea what Apple will decide to do.
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