The generic would certainly cite Miranda's ruling, parrot it, and say that she got it right. Amarin would counter by destroying the ruling with the arguments that they would have used on appeal, in an effort to persuade the new District Judge.
That judge would not hold settlement against them, because it is the public policy of every court in every jurisdiction to encourage settlement. Unless the new District Judge is as dumb as Miranda, the judge will understand that parties settle for a myriad of business reasons, and Amarin's case would not be weakened in the least.
A skilled Amarin attorney should be able to forcefully argue that Miranda's decision is such an outlier, so far off the beaten path, so lacking in substance, that its conclusions cannot be given any weight of authority.
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