[sjy]

A confidential settlement does not mean that a licence has been “tested in court” or “litigated and upheld.” It means the parties thought the risk of losing was high enough to justify a settlement. The state of the law remains uncertain because cases are getting settled rather than litigated.

[hodgesrm]

Technically you are right, but the fact that defendants knew they were at high risk of losing means such licenses have teeth.