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The appeals court upheld the decision to bar the invalidity arguments because Apple previously could have raised them in its petitions for Patent Office review of the patents.

"A finding of invalidity would terminate the market investigation and leave unaddressed the CMA's concerns about the lack of competition for mobile browsers and cloud gaming," Eadie added.

If the government presses ahead to pay compensation on behalf of the companies, the lawyers would fight to prove its invalidity, he said.

“The fundamental conclusions are the invalidity of the death certificate when it comes to cachexia as a cause of death,” Aurelio Luna, one of the panel’s experts, said at that time.

The groups are asking a judge “for a declaration of the invalidity of Measure ULA, according to the state constitution, statutes, and Los Angeles City Charter.”