If our case is remanded to the lower court for a jury trial, it's not that simple a win. In my observations of trials, the defendant will seek to become the victim in the eyes of the jury. That works for defendants more often than you'd assume. "Calypso tricked us." "Calypso never intended to let us use the technology without paying a ridiculous fee." "Calypso has dragged its feet for years over this in an attempt to wear us down." "Calypso is trying to steal from us after we were the ones to actually create the physical technology to use the patent." Etc. Jury trials are mine fields and the average juror resents having to sit on a jury in a civil case. Their decisions are sometimes irrational.
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