I agree, but there's a difference between "hiQ has a strong case" and "Here is the final ruling on the hiQ case". I was trying to point out that the case is not over or ruled on at all. Just the preliminary injunction.
This ruling isn't on the actual case. The ruling is about the injunction being upheld while the case is tried.
Funnily enough the judge has a similar concern:
>> I write separately to express my concern that “in some cases, parties appeal orders granting or denying motions for preliminary injunctions in order to ascertain the views of the appellate court on the merits of the litigation.”