I hope they win this appeal.
It will be interesting to see how she rules, but based on the little bits and pieces I've observed of her past behavior, I don't think it's likely that she will grant their appeal (just my gut opinion though, which has not been that reliable so far).
Given her curt, no-nonsense manner, however, I think it's more likely that she'd dismiss the bulk of Rossi's suit based on the Motion for Summary Judgement. She seems to be a 'letter of the law' type, so that make me think that Rossi's attempts at estoppel are likely to fail. And in that case, the only signed license agreement does not allow for the 1MW plant to meet the 1 year performance clause (or the late date).
So a straight forward reading of the only contract (license agreement) in force plainly establishes that IH did not breach the license agreement.
And presumably, a judge with a track record of straight forward rulings could reasonably be predicted to dismiss Rossi's claims regarding the $89 Million performance clause (which is essentially all that Rossi can hope to possibly sue for).
In any case, in order for anything of substance to go to trial that would award Rossi damages, Rossi has to prevail by having Altonaga deny both the appeal for Motion of Sanctions (IMO likely) and IH's Motion for Summary Judgement (IMO less likely).
We should know whether there will be a trial (of any consequence regarding IH jeopardy) by the end of the month. (Regardless, I think a trial regarding IH's counterclaims is quite likely to proceed, assuming they persist in pursuing that).