No, they haven't lost the fight with FB yet, though it looks really grim. They have the option to get an <i>en banc</i> hearing. Unlikely but still possible. <a href="http://en.wikipedia.org/wiki/En_banc" rel="nofollow">http://en.wikipedia.org/wiki/En_banc</a><p>They can also appeal to the Supreme Court. Again, unlikely but still possible.
Best quote:<p>“Frankly, I am quite incredulous that they’re continuing to pursue the matter,” (Prof. Goldman) said. “I think they would be a lot happier and wealthier if they would take that money and invest it in their therapist.”
The Winkelvi have made a career out of suing Facebook. They can't stop and they will take this case to the Supreme Court if they can. It's unfortunate, they should take the freaking money, but they won't it's not about the money for them. It's about the fact some middle class kid beat them and they can't let it go.