It will return to the federal circuit. The patent issues were not even appealed to the federal circuit the first time. "Because this action included patent cla

It will return to the federal circuit. The patent issues were not even appealed to the federal circuit the first time. "Because this action included patent claims, we have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1)" ... "The jury found no patent infringement, and the patent claims are not at issue in this appeal. " See Oracle America v. Google, Inc. (http://www.cafc.uscourts.gov/content/oracle-america-inc-v-google-inc-opinion http://www.cafc.uscourts.gov/content/oracle-america-inc-v-go...) The federal circuit will, in turn, pretend to apply ninth circuit law.