They wouldn't sue for the same amount.
ATVI is being sued over specific games, so the lawsuit is based on revenue from those games. Seeking treble damages because they feel ATVI is willfully infringing being as they had discussions with ATVI at one point about licensing their patents. So it isn't just a royalty is that multiplied due to treble damages.
Man, go back and read some real early posts, most of this has been discussed in a hundred different ways. Some good breakdowns of how these big settlement numbers are being formulated. World of War Craft and Call of Duty literally have brought in BILLIONS of dollars for ATVI over their lives.