If MNTA has utmost confidence in their patents, I don't see why they wouldn't wait [on trying to settle the case] until the ruling on a preliminary injunction.
They might wait for the ruling on a PI, but this would be a big gamble. To date, MNTA’s management team has acted conservatively, so it would be surprising, IMO, if MNTA did not entertain the possibility of settling prior to the ruling on a PI. This is not to say that a settlement agreement prior to the ruling on a PI will actually be consummated, but rather that I think it will be attempted.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”