I've been through the settlement process and IF we get a settlement, my guess would be the dollars and the admission of being a mean ole copy cat will NOT be included.  This is TPL's leverage and it does mean something to publicly traded companies and brands that don't want to be tarnished.

If one is going to settle, why be tortured with bad PR?   IMO, the dollars will not sink ony of these ships.  They just want the pain (a.k.a. TPL) to go away at this point.  There is no reason to rub their nose in the aftermath since TPL will likely be pushin' several other license deals over the top with any agreement.

All just my $0.02...