There will likely be a settlement sometime after the Markman Summary issued from Judge Ward no matter what is stated in the summary.

95% of all patent infringement cases are settled after Markman Hearings: (I've read this in other sources as well.)

Many patent disputes, i.e. 95 percent, are

settled in advance of trial. The take-home

lesson for counsel is that given a better than

33 percent reversal rate and 95 percent settlement

frequency, bluster is an option. For

clients, the lesson is prudence. Since 95 percent

of the cases settle, it is overwhelmingly

likely your suit will settle as well.