Is that the company came out and released an 8k stating the judges opinion narrowed the scope of the patent.

This is concerning. The company had to disclose what it new when it new it, immediately. Not that it narrowed it maybe or possibly or ?????, but that it did.

You want to appeal I think you have to close out this case first. One way to do that is to settle with the infringers "without prejudice" so they can close the books on htis case and then appeal the ruling.

Get ruling overturned and bring them back to court since you resolved without prejudice.

It will be interestingto see where this ends up but if settlements start to happen it doesnt necessarily mean its good.

JMHO