If they don't patent this, someone else will. Because we now have a "first to file" system, where prior art doesn't matter if the prior artist never patented it.
That's not true at all. The only thing that "first to file" changes from "first to invent" is interference practices: previously, if Alice and Bob both filed patent applications for the same exact invention, they would go onto an interference, which is like a mini-litigation, to determine which of them actually conceived of the invention first. They cost between $20-50k for each party, and there were on average about 20 per year... out of over half a million patent applications filed each year. Under the new system, it's just a question of who filed their application first.
First to file has literally nothing to do with prior art. And prior art that was never patented absolutely matters - white papers, scientific journals, product literature, etc. can be and are all used as prior art, even under the first to file system.