Just getting to the table to talk is half the battle.
Just coming to the table to talk is almost an admission of guilt by infringers for the purposes of the settlement.
Next it needs to be determined:
-Monetary value to SFOR in lost sales, etc. -Likely award to SFOR if infringers found liable in trial including SFOR litigation costs (infringers pick up SFOR legal expenses if found liable) -Likely costs SFOR would incur for infringers legal costs if infringers found not liable. -Infringers insurance coverage. Will GL insurance cover claims? Do infringers carry IP gap insurance?
Settlement dollar amount will be determined by these factors. It is likely infringers insurance will be on the hook for settlement amount and infringers legal costs so insurance companies will likely have a large role in the negotiations and final decision.
So there are a lot of moving pieces here and a lot of parties involved in outcome.