As predicted, the 11th Circuit declined the opportunity to grant an en banc review in the GSU case (Cambridge University Press v. Patton/Becker). [An en banc review is a review by all the judges of the Circuit, of a decision by a normal appellate panel of 3 judges.]
The next decision faced by the publishers (and their CCC/AAP funders) will be whether to file a cert. petition to ask the Supreme Court to hear the case. If they elect not to (or if they do and it’s rejected, as would be highly likely), then it’s back down to the District Court, and I anticipate settlement discussions would begin in earnest. I continue to think there’s no real mileage for the publishers/CCC/AAP to go back to the District Court, so anticipate eventual settlement.