If they admitted that, it would sort of negate the reason for deeper Discovery. The hammer of treble damages over ATVI could force a very nice settlement, if that is the case.
Although it is expected, an actual favorable 101 ruling would be nice. A favorable outcome in the MSFT ruling could bring them to the table sooner than later.
Getting one settlement under their belt, even if it is a small settlement, is a significant win, as it sets the table for what is ahead for ATVI and other infringers.