There is no speculation needed. She denied Apple's Group's "demand" for a jury trial to hear out the Alice arguments. She stated that she will rule on the papers, and ended all further arguments. She has what she needs to rule, and clearly does not intend to have this become a three ring circus with legal tricks and sleight of hand.
In Apple's closing, written argument to their Request for Motion to Dismiss, they introduced brand new evidence (that wasn't evidence at all - but rather a sneaky youtube video from the 40's which proves less than nothing but insinuates much) LOL - think for a moment about a litigant trying to use "REEFER MADNESS" to prove that we've known for a long time that marijuana does, indeed, cause violent tendencies. I'm dying laughing over here...
Well, here's the deal. You aren't ALLOWED to introduce new evidence in a Motion to Dismiss. You just can't do it. Judge Koh knows this.
Although Voip-Pal's lawyer, just in case, put forward a motion to request the chance to debate and disprove this sneaky Apple trick - the Judge shut that down too - OBVIOUSLY - because she already knew it was improper, had disallowed the sneak attack and had already discarded it mentally. She's no dummy. And she knows what Apple is up to.
So here we are. Judge Koh has all of the info needed to make a ruling. That info includes the latest Supreme Court Decision and written opinion regarding there being NO Judicial Exceptions.
I truly believe, that in a just, sane world, there is no possibility for anything except for Judge Koh to deny Apple's motion to dismiss and to proceed with discovery on the damages.
But then, again - we have the Kardashian's, held out as "Celebrities" So, can you truly believe in Justice, right and wrong? One has to leave room for the unexpected....
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