Well, the court decided on an auction process, and the auction process is determined by who makes the highest bid. But the court also heard submissions on, and made determinations as to, what would be subject to the auction. If RIM didn't like that, or if anybody didn't like what was going to be auctioned, they could have gone to the court and spoken to that issue.
On August 7th, 2009. See this statement in context.