If most or all the small-time operators settle, that doesn't set precedent, though, right? A judge isn't going to look at a future case and say "well, all these other companies settled, so seems like the patent is valid". That would be absurd.
The way I understand it this is done to make the terrorists' threats more credible to other victims, not to judges. But I would also not put too much trust in judges in particular jurisdictions, such as EDT.