Of course, that depends on the judge ruling as expected, but Google has every reason to believe that it is what it is. Alsop is just being as careful as he can with that ruling. Considering how many briefs he's drawn out of them both on the question, it's hard to see how they would be able to come up with reasonable grounds for an appeal, provided he has addressed all of BSFs outrageous theories up front. His repeated admonitions 'to bring it up now' or forever hold their peace have been rather effective, I think.

I would not want to play poker with the Honorable Judge Alsop.

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IANAL, etc.

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