GERS lost the lawsuit so far....however, there where some mistakes made on interpreting the patent. They went into an final appeal, which has no outcome yet due to the settlement negotiations.
However, if there would be an outcome, it is very clear it's would be in favor of GERS. All parties know that. That's why they really want to get this settlement done. Because if the those who infringe the patent lose, it might mean bankruptcy for some (see Nobody12378's recent post on the GERS board).
If you go back further to where the appeal started you will find a lot of posts that clarify why GERS WILL win the appeal.
However it seems like there won't be a continuation of the appeal because all parties are willing to settle (judging from all recent developments) . Now why would they, if they could win the appeal... Because they know they would have lost for sure.