I am thinking that KB might do a fresh assessment

I am thinking that KB might do a fresh assessment of J&J's liability in the case, and may, depending on the assessment, take a lesser amount in settlement if he also received a covenant not to sue (in the future) from J&J and Platinum and other product and market considerations. These types of settlements are quite common in high tech and after 7 years of battle (on September 9) it would end the bad blood and save the company millions in on-going litigation costs, and make the industry take notice of DECN.

This is just going to drive the flips and black hats nuts who are counting on a lawsuit to get some or all of the J&J settlement money.