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.