Even if there were no patent issues and there may not be eventually I would doubt if Ilford could compete with Kodak's Xtol price and it would have to in order to make it worthwhile.

I am a recent convert to Xtol from DDX. So far in the 400 film range I'd say it competes very well quality-wise with DDX and price-wise there's no contest. Xtol wins hands down.