It is possible SCOTUS could rule on the Berkheimer

It is possible SCOTUS could rule on the Berkheimer case and lump SFOR's case in with it, if they decide the issues are similar enough. But yes, SFOR's case would be over if Cert is not granted because the Fed. Circuit Court's decision would stand. However, if the Berkheimer case goes in favor of the patent holder and SFOR's case is not granted Cert, and SCOTUS does not explicitly lump SFOR's case with the Berkheimer case, SFOR's lawyers can take the result in the Berkheimer case back to the Fed. Cir. Court and argue that new case law has been issued that supports SFOR's claim. Then both sides would have to submit new briefing and the Circuit Court would have to rule on that. It is a loooooooong road to resolution of this case. Don't expect to see anything on this topic for quite some time. I would focus on revenues when pricing this stock.