Will Black Ops 2 happen at all?

So I just recently watched a video and read the corresponding article about this but basically Infinity Ward is sueing Activision that BO2 violates the contract that they signed with them when they made CoD4. The specific article in short says that IW retains the right to all content set post Vietnam in the Call of Duty series. Well since BO2 is going to take place in the future and is a Call of Duty and isn't made by IW they say that they can't make the game. And they have a point too.

What most likely will happen is that Activision will settle and just pay off (West and Zempalla are the two in particular who are sueing) and BO2 will hit the shelves anyway.

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I think that the "post vietnam" is kind of restrictive. That could mean that everything historically settled after the vietnam war cannot be traslated into the CoD franchise? That sounds hardly possible to me.
I haven't had a chance to read the article but I'll look into that, now you made me curious.