Would you mind pointing me to the claim you're talking about? I'm at the brain-leaking-from-ears part of the semester right now, and I'm having a hard time finding it on my own.
That said, denial of summary judgment is non-appealable after trial on the merits. (The theory is that if the plaintiff genuinely fails to produce evidence to support each required element of the claim at trial, the appropriate post-trial remedy is a JNOV motion followed by appeal.) Even if the district judge erred in not granting summary judgment, it's highly unlikely that CHS' legal team will raise that as an issue on appeal.
That's not to say that the appeals court won't review some of the issues that were initially raised in the denied summary judgment motions. I fully expect, for example, that there will be a fairly in-depth review of the district court's treatment of the fair use defense and/or how the court handled functionality concerns regarding the trademark arguments. But that review will take place in the context of the appeal of the judgment, not as an appeal of the summary judgment denial, and sufficiency of evidence will be reviewed based on the total presented to the jury, not on what was produced for the SJ motions.