Apple should take the current judgement and run for the hill85M$US is nothing for what they are getting in return.
And 85M$US for Apple is like an 85$ speeding ticket for most of us here if you want to put things in perspective. Apple makes 50M$ a day on interest from their money in the bank account so let's stop this madness.
Just pay it and move on instead of wasting time and money in the courts!!!
And we can strike a deal for ALL iphones in this process, everybody leaves the table happy and Apple has one less thing to deal with in the future and has a true partner in their back pocket for anything else they want to do going forward.