I'll throw in another, less significant issue that should be in the minds of our team in settlement negotiations:

IF we went the whole nine yards and let this thing play out via the court (either full-blown trail, or damages trial resulting from a granted MSJ), the damages would include a separate line item for "reimbursement of litigation costs to the Plaintiff".  In a settlement, this cost to us would likely just be "absorbed".  In an award, we'd get that money on top of whatever damages are assigned (though, if damages were trebled/tripled, I doubt this particular expense would be tripled).

Just another thing - this time something I think I actually KNOW!  Could be another $5-10M that we would essentially "abandon" with a settlement, unless they include it in the negotiation.

Where's our CPAs?  FUT!!!!  LOL

SGE