RE:Did judges wimp out?There was a determination of infringement but only at the lower court. This is one of the things that Apple was appealing.
Did the judges wimp out with regard to amount owed? I don't think so. It was clear in the hearing last October that they didn't like the idea of it going back to a 3rd damages trial. They wanted to confirm an amount. But, in fairness, they did the right thing because there were clear flaws in Wilan's path of argument in support of the amount they were looking for.
It may turn out that the CAFC has just done Wilan a favour. The 2nd damages trial had a very specific upper limit (45 cents per unit) placed on any damages. If I understand this correctly, that should no longer be imposed and Wilan can take a shot at the 85 cents per unit they got in the 1st trial, or whatever they might be able to argue for--though they will have to rethink / rebuild parts of their damages argument. Also, as the questions of infringement, Intel chips, and claim construction are now settled, Wilan will be able to focus its effort more tightly.