I see your point and concern for I had the same concerns. But I did some digging into more cases like regarding Microsoft and other Cisco cases and law articles. Reason most do not just exhaust resources and try to "outlive" the other is because the longer it takes, the higher the payment/damages.
Cisco 13 will have them spend some money on legal to soften them up for a settlement. Always happens on slam dunk cases. That is the major weakness of the smaller company.????