FWIW>>>
They need a final judgment which they do not have.
Where, IMVHO, they were on the path to settle 737/170 ...no judgments, where 774 being waived by stipulated default (being device specific), thinking they would get a FlashR global license for cheap and cheap it is not.
What Plank commented recently seems possible.....they came out of ENE not getting something.
The issues are device specific....the only interest Apple would want to protect regarding the appeal , as I see things, would be for future issues.
doni