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However, as one of the comments to the Ars article points out, the patents in question were apparently all invalidated by the PTO:

http://www.investorvillage.com/uploads/82599/files/AppleRequ...

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Can the case even be retried then? I would assume not.

The case can be retried, but it runs the risk of being tossed out because of the invalidated patents. If that were to happen, Apple might be able to recover some court costs.

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