The Markman will help with confirming the patent. After the trial by jury they of course could appeal, however they will not be appealing the patent validity per se, only the court process that got them there or non- infringement. After the jury trial they are still acruing damages regardless how long an appeal might take. I think everyone assumes that just because a company has money they will appeal automatically. Most of these companies have done a risk analysis and know when to appeal and when to cut their losses. I don't think you could expect an appeal to go on for years and years. The only benefit for them to appeal after a jury trial seems to me to be to get a reversal because of something that happened in the lower court. I would expect the possibility of getting a reversal of the lower court opinion to be limited. Thus I don't think they will appeal as a general principle, just to appeal. They are still accruing damages and legal fees while the appeal is pending. It 's not like a death penalty case where everybody appeals because they have nothing to lose if it takes forever, they have everything to gain.
I'm sure there is case law to support either side of the argument. A recent case I am aware of pertains to Microsoft and Virnetx. Virnetx won a $200 million award and Microsoft did not appeal. I have read that 97% of patent cases settle before trial or during trial. Just my opinion.
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