"On Monday, Microsoft pointed the ITC to the FRAND part of Judge Posner's dismissal of Apple v. Motorola. On Wednesday, Google subsidiary Motorola Mobility filed a letter with the ITC, in the Xbox case, that just entered the public record. The letter refers to Judge Posner's ruling as "a recent non-final, non-binding district court decision" and basically (though obviously not literally) tells the ITC: "Move on. Nothing to see here."
I interpret the characterization of the ruling as "non-final" as an announcement of an appeal by Google. It was clear to me that Google/Motorola wasn't going to let the FRAND part of the ruling stand. Absent an appeal, the relevant part of the ruling would be totally final: Judge Posner's dismissal with prejudice closed the case. "