I follow that all along, but consider that a final and binding judgement is a very, very long time away.
The only thing shorter, is a settlement, but I totally agree with you that a settlement is not of any real value and those pushing a BO based on a settlement I don't think are thinking it through.
If a pre trial settlement serves Denner's near term interests, there will be a settlement. End of story. Amarin quit being a "rational company" when it became a hedge fun play thing under full control by Denner and his merry Board of pirates.