Ι am sure they would. In my opinion a monetary settlement is the only solution. Activision can bankrupt Fizzer with years of trials. And win is not that sure.
That's the biggest concern tbh, the typical Big Guy vs Small Guy lawsuit. All they need to do is keep the lawsuit ongoing to a point where it's an acceptable budget for them but a crippling one for Fizzer, and they never have to win the lawsuit, b/c it never gets to the point where a verdict is reached. Find some new evidence, some analysis that needs to be done, something to delay, push it out, but keep the lawyer fees accumulating and eventually there will always be a breaking point for the small guy.