But this is logic bordering to philosophy, which isn't exactly what the courts love to argue about. They look at intents and damages.
My guess is that a simple 'I sell X using my patents, they also sell X but are not paying" is vastly more likely to succeed. "But, but, Church-Turing" will just piss them off.
https://www.patreon.com/Nekotekina
2 of the more well-known dev teams.
It will probably stay decently high for a while too while they hammer out compatibility for other Wii U games.
See, it's still worthwhile for me to pick up an old PS4 and amass a decent library while also still being able to buy new titles, but the Wii U was an absolute dud and there is 0% incentive to buy one now that it's already been axed. Emulation will be the only saving grace for its stellar exclusive titles. And since the Switch has its own share of problems handling BotW, it's really a no-brainer to invest a little in CEMU's future. The CEMU devs are absolute demons, on par with Dolphin's team.
As for RPCS3, the PS3 has a big enough library and is cheap enough to make it worth just buying one until the devs can catch up. AFAIK there isn't a single fully working commercial game on it yet.
The only thing really broken, besides little graphical things and certain ambient shaders, is that you can't zoom in on the photographs of the memories. Not really an issue when you can just put your face closer to the TV. Oh, and yeah you can't take custom photographs yet. And, of course, FMV only works when you download a third-party plugin because x264 decoding isn't high on the CEMU dev's list right now.
But in general it runs almost flawlessly, as far as being able to complete the game is concerned. Some people report predictable crashes after encountering Ganon or any of the Blight creatures, but I have not had this problem. Just occasional crashes here and there.
http://www.youtube.com/watch?v=VUfu-xOGr1U&t=9m0s
Sony sued the shit out of them and lost, and then bought VGS from Connectix. Sony bankrupted Bleem withe legal cost and later hired Bleem programmers :/
Unless the case is presided by Judge Alsup, who learnt to write Java programs during Oracle v. Google.
Basically, there are two approaches the plaintiff might take here. The simplest is to cite the doctrine of equivalents[1]. This is basically the notion that if you do the same thing in the same way for the same purpose, then it's the same process, even though you are using digital instructions instead of logic gates. The legal theory here is pretty well settled. The problem is that you'd need to justify that digital instructions are obviously equivalent to logic gates, and a skilled professional would have equated them at the time of the patent's filing.
The other approach is to argue that an emulator actually is a processor, and therefore fits the literal claims of the patent. The explanation for this is pretty well-established: it's literally the Church-Turing Thesis[2]. However, the viability of this argument depends on the language of the patent claims. Also, it's hard enough to explain the C-T Thesis to CS students. My undergrad had an entire 1-credit-equivalent course that basically just covered this and the decidability problem. Explaining it to a judge, who (while likely highly intelligent) probably has no CS background, over the course of litigation is likely to be really hard.
Now, Intel certainly has enough resources to do both of these things (and they may also have precedent to cite, that didn't exist back then or that wasn't relevant to that case). Don't take this as an opinion on any possible result, it's just information such as I remember it.
[1]- https://en.wikipedia.org/wiki/Doctrine_of_equivalents [2]- https://en.wikipedia.org/wiki/Church%E2%80%93Turing_thesis