That all reads with a common sense....the phrase I pasted does not make any sense....to me any way.

If there is known adverse claims construction on the part of the patentee and it's on the record after a Markman.....why would the defendant settle?

With that, apparently if the patentee settles with the defendant....the patentee is bound by the adverse claims construction that could be potentially detrimental to future cases.

doni