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For both parties it's about weighing the risk versus the reward. It would take a lot of fortitude and a high degree of certainty of the strength of the claim, both on a legal and a factual basis, to want to risk going all the way to trial.Wouldn't a settlement mean they thought they WERE going to lose?
Bear in mind the court is pushing both sides to settle. For one party the risk is treble damages and leaving it in the hands of a jury. For another it's the risk that appeals can drag on for years.