Right, which is why a settlement was going to be difficult. If Amarin was offering no better than the Teva timeline, which Teva gets there timeline moved up if someone else gets better, all they could offer is to pay attorney fees, and generics probably have lawyers on staff that are paid either way, so the additional cost of trial is probably built into budgets anyways so, with nothing to gain in settling why not take a shot in the dark?
Perhaps Amarin could have paid enough in "legal fees" to make it worthwhile to bail but incentive was not large for generics to settle as timeline is probably what they are after most.