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There are only two levels of appeal in normal federal court, and the second (SCOTUS) doesn't take many cases.
by mminer237 3y ago
There are only two levels of appeal in normal federal court, and the second (SCOTUS) doesn't take many cases.
- gnicholas 3y agoI'm aware of the levels of review (IAAL), but the point is that these two levels of appeal could completely moot the situation because of the time delay involved.
- dharmab 3y agoHowso? If the plaintif wins they can be compensated by their back royalties for all the watches Apple already sold.
- gnicholas 3y agoBecause it drastically shifts the bargaining power of the parties. The whole point of injunctions (which is what the ITC is able to order) is that they are prospective, not retrospective. If injunctions can be put on hold until all appeals are exhausted, as suggested above, that has a huge effect on the timeline on which this all plays out. Appeals take significant time, and Apple's refresh cycle is annual. Also, some plaintiff's might have a hard time paying for all of the appeals — if a large defendant can simply wait them out, without regard to wins in courts of first impression, that is a boon for deep-pocketed companies.