RE:FrustratingDon't be frustrated by Lamken not getting a chance to get into his three areas. It could just as easily be that the judges were already sold on the overall picture he "wrote." Sometimes it's the winning lawyer that gets cut off because the judges feel they don't need to hear it all again.
So, with regard to him never getting to talk about the cross-appeal, it could be that they've already effectively decided that if we win the appeal then we win the cross-appeal as well. If the court were viewing the cross-appeal (on its own) in a negative light you'd think they would at least give Lamken a chance to say something about it.
Unless they simply thought Wilan's case is terrible--which my gut tells me is not the case.
One point that seems to me rather interesting. I don't think one of the judges would say (to the Apple lawyer) "Can't you just settle this?" if they were leaning toward giving Apple an outright win. It's more like they're frustrated because they know they're going to have to sign off on some non-zero dollar amount. Zero is easy. Non-zero can be difficult.
Or maybe that's not right. I suppose a more negative way of looking at that comment would be to see it as an indication that the judges see the who-wins question as being on a knife's edge. I hope we have better than that.