Yes, that would by an interesting trial. But it is only about six books, and all claims regarding Claude have been dismissed already. So only the internal copies remain, and there the theory for them being infringing is somewhat convoluted: you have to argue that they are not just for purposes of training (which was ruled fair use), and award damages even though these other purposes never materialised (since by now, they have legal copies of those books). I can see it, but I would not count on there being a trial.