Agree. "Damages would continue to increase for SA"

Agree. "Damages would continue to increase for SA" They would be litigating before the same US Supreme Court that approved awarding treble damages for IP infringment cases. That is a risk SA may not be willing to take. Particularly in light of your second point. Because of the CA judge's decision the merger was accomplished. SA achieved its goal. If SFOR prevails on appeal they might be willing to take the hit now that the merger is done.