Based upon the nature of the request by the court, my gut tells...

Yes, on points 1 and 2. On 3, no.

In my opinion, the question of similarity between the two appears to have been established, but not proven as to why they are similar, and it is entirely plausible that they may have been both developed independently and in isolation.

It appears that this case will be decided upon whether the patent is valid or not.

Based upon the nature of the request by the court, my gut tells me it will be 50:50.

The Alice case, CLS Bank successfully claimed that intermediary (3rd party) settlement risk management was an integral part of doing their business and that the Alice software did nothing more than automate the process in a computer program.

However, in Core Wireless vs LG (2018), the court upheld Core Wireless’ patents for an improved user interface for mobile devices, because its patents were specific in the improvements they made to the way devices display data.

My opinion is that if the claim is upheld, it will be a soft win, and the restitution will reflect this.