The best option would have been Stardock making a new game without touching the IP they did not acquire. A “settlement” as you suggest would mean the defendants in this case were forced to cede some of their creative work. Having gone through, for example, the Atari documents extensively I could find nothing – not one single item – that suggested Stardock had any claim to the SC1 and SC2 universes. They had some claim to Star Control 3 and the alleged rights to the mark Star Control, which is now in dispute.
I have yet to see Stardock show anyone anything from their auction documents that shows otherwise. I have seen them repeat arguments about what they believe copyrights are that were already rejected by the court. Ready to change my opinion at any time when someone uncovers something from the Atari sale that is not just the mark and “STAR CONTROL FRANCHISE”, meaning the rights to use the mark in sales, and no rights to the lore etc. from the original Star Control games.
Had Stardock made a new game entirely instead of repeatedly trying to force an inheritance of a legacy they did not own things would be different. At this point I’m really looking forward to the trial.