It's only obvious after Hyperion loses the lawsuit and that has not happened yet (and hopefully won't happen).
It is "unusual" that they are taking this chance by violating the original contract before the IP rights have been determined by the court, and may be stopped by the judge, until the case is over, if A.inc files an injunction, but we have not heard of anything like that yet, so I wonder if A.inc has run out of money for lawyers, or if an agreement between A.inc and Hyperion is close to happening?
What is obvious up until this point in time is that the lawyers have probably made more money than either A.inc and/or Hyperion lately.