It should also be noted that Costco only loses this particular defense. The case now resumes back in the District Circuit, where Costco can raise other defenses to Omega's claims. Any of those other defenses could potentially save them, but of course the District Court's rulings on whether those defenses may be used can be appealed to the Ninth Circuit and potentially the Supreme Court again.

And once all of these preliminary matters have been heard, then the actual trial will begin, and whichever side loses can appeal the decision in the case up to the Circuit Court, and even the Supreme Court.

davidh