The most recent cases (2019+) did not settle and are currently on appeal. Notably, the defendant persuaded the district court of the Northern District of California to enter judgment in its favor by citing to a publication from the National Institute of Technology from 1998, which was published at a time that USB Drives did not exist and memory storage in gigabytes was not commercially feasible for the average consumer. However, the 1998 NIST publication was superseded in a 2008 NIST publication. The superseding publication does not maintain the same positions regarding the definition of gigabyte and megabyte as the 1998 publication. Additionally, NIST's 2008 Guide for the Use of the International System of Units (SI) makes clear that confusion of use of units is to be avoided, even if traditional units of must be used. Thus, the litigation has not ended in favor of the manufacturers and will not end until the appeals conclude, along with any other suits that may be filed.