There is no reason for a deep pockets defendant to settle this case. Better to take it o trial and if you prevail at the jury trial, you're done. If you don't, no matter because you'll win t the CAFC, where real patent cases are ultimately decided.
A jury trial is largely a sideshow, butt is a free shot at an off-ramp for a defendeant. The smart, deep-pocketed defendant with a meritorious defense will play the game and use the CAFC as the backstop to all the pre-appeal (CAFC) shenanigans.
I urge folks to go back and look at the decades of Amgen cases that were in various district courts, including Judge Young in the Federal District Court in Massachusetts and then all the CAFC appeals where those cases were really decided in reality and after various remands back to the District court with instructions. Back and forth - for many years and in many cases. And those were in cases where the plaintiff (Amgen) won! Many similar situations end at an earlier off-ramp when the plaintiff loses at one of the many earlier stages. Plaintiffs have to gett thru ALL the hoops, defendants only need to win at one of the hoops.
When one has the munny and a winning hand (or even just a good hand of cards), as I bleeve the defendants here do, they play it for the CAFC, and any victory before that is simply an early off-ramp for them.
I wouldn't expect any settlement or resolution of this case for many years - after the CAFC appeals cycles are over and any damages (IF any! and IF ANY District court verdict for plaintiff is rendered by a jury of the noncognoscenti) are appealed as well.
IMO, Cox would be foolish to settle. It should play it ~OUTT as it has many off-ramps to win even before it hits the CAFC (for the FIRST appeal round, IF they lose at the District court). Cox can easily fund this case for many years - which will also wear down the plaintiffs and their counsel.
The plaintiff has many, many, many hoops to jump thru and all Cox needs is for the plainiff to miss ONE of those hoops and lose at ANY one stage. And then there are the CAFC appellate hoops and the damages award (if ANY) reduction appeals.
Deep-pockets patent defendants with numerous meritorious defenses are very unlikely to settle before exhausting the CAFC appeals, if the case even ever getts that far.
