The former partner at Silicon Valley venture capital firm Kleiner Perkins was unable to convince a jury that it discriminated against her, but will try again.
Kleiner's offer to withdraw its costs request in exchange for an end to the case is common when defendants prevail in employment lawsuits. Should Pao decide to pursue an appeal, her case would be heard by California's First District Court of Appeal.
She could face a difficult path. According to Westlaw data, out of 49 decisions involving discrimination and retaliation over the past two years, the First District affirmed 26 of 31 cases where the employer won in the trial court, or 84 percent. Only five cases were reversed.
Meanwhile the court, which covers San Francisco and 11 other Northern California counties, handed victory to employers in more than half of the cases they lost in the lower courts, reversing 10 of 18 cases.