The issue is very important and the Federal Circuit decision seems a perverse interpretation of the safe harbor provision.
If memory serves me there is also authority conflicts that could be resolved by Cert.
So I would put the chances higher - say 20-25%.
Of course, I do not have the background to really handicap this.
ij
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes