The lawyers were paid upfront - so they may be forced to beat single bones of this skeleton to an en-banc-hearing or the Supreme Court. Both are dead ends.
I guess this charade will have taught Boies Schiller & Flexner that such arrangements are a bad deal. Larry Ellison will have to cough up money for every step he wants to go in Oracle vs. Google (maybe the best coming out of this case).
And, of course, the counterclaims of SCO vs. IBM may have to be dealt with.
If the facts don't fit the theory, change the facts. -- Albert Einstein