The whole discussion is stupid. Everyone is missing the real point:

The Appeals Court has Rosen's appeal on an expedited timeline -- Rosen's first filing is due in September, as is their response to CTIX's request for sanctions. Judge Failla is NOT going to make a ruling on sanctions until after the Appeals Court writes its opinion.

If they reject Rosen's appeal (the most likely scenario), then Judge Failla can use this as part of her basis for sanctions: "See, the Appeals Court agrees this was baseless."

If the Appeals Court were to have a mass attack of dementia and found in Rosen's favor, the case would go to trial. Therefore, Judge Failla would throw out our request for sanctions, on the basis that a higher court said the case was valid. Lawyers (which include judges) are EXTREMELY reluctant to go after other lawyers, and sanctioning one is like giving them the death penalty. Unless someone really angers a judge, it's awfully hard to punish a lawyer.

People should stop watching so many lawyer shows on TV. They're all wrong.