I can't see them losing, and all this judge has said is it's not being thrown out... yet.
It's not like the inner-working were a trade secret. The marketing didn't fit the product accurately, but it's not like they purposely concealed the true nature of the shared resources.... That's what I think it'll boil down to.
However, if they were to lose, it's their own fault.
With no legal definition of a "core", it's likely to fall onto industry standard acceptance.
Prior to FX, there was never any ambiguity in marketing regarding core count. Even when HT was new, there were rumors/misunderstandings in the space about being double the "cores", but both Intel & AMD never marketed as such.
FX is where AMD decided to change the accepted definition to meet their marketing plans for an "8c" CPU.
I don't think a loss would be beneficial for the industry, all it would do is deplete AMDs current bank balance.
They're not typically in it to maximize profits, but want market share. If their hand was forced through payouts, they may need to increase the profit margin on new products to cover it.