Rather than useless opinionated speculation as to what might or might not happen, it is more worthwhile to examine what facts weigh for or against settlement. The obvious facts for settlement are: (1) most cases settle before trial and (2) the desire for both sides to remove risk and uncertainty. Here, however, there are two facts that weigh against settlement: (1) this is a bench trial (not a jury trial), and thus the uncertainty of the jury is removed. While the judge's decision contains some unknowns, there is more certainty than with a jury; and (2) IDCC has less flexibility in lowering its settlement number since the license arising out of any settlement will trigger MFN provisions. That is, IDCC does not want to accept a deal that results in a bad deal with everyone else.
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