Apple and Go Pro argue that “excluding” them from the pending appeal in the Huawei case would be manifestly unjust noted above , Defendants are not being “excluded” from any appeal, defendants have every right to participate in any appeal that may ultimately occur in their own respective cases.

(Defendants are no more prejudiced than if they had not been a party to an appeal in an earlier – filed related case such as ,for example, an appeal of the Colorado case , had one been filed.)