A bench trial was scheduled to start on November 5, but was cancelled by Judge Barbara Crabb after Apple declared that it would take a license on court-determined terms only if the rate was not going to exceed $1 per device, or alternatively, if the court was going to also set a rate that Google would have to pay for Apple's standards-essential patents in accordance with negotiated rates for Apple payments to Google. Patent analyst Florian Mueller believes that "Apple's appeal could also re-raise its antitrust claims that Judge Crabb dismissed on summary judgment in August 2012. The FTC's settlement with Google does not preclude private parties, Apple in this case, from antitrust litigation over the same issues." It is unknown if Apple is going to pursue antitrust claims with a separate appeal.