In the real-world cases I have been involved in, granted it was only four cases, things did not at all play out that way. Once it went to court but the defendant settled on terms favorable to the plaintiff, once the defendant complies with the cease and desist prior to the lawsuit being initiated, and the other two times actually went to trial and weren’t settled (which they told me was rare) with the plaintiffs winning once and the defendants winning once.

What you say really is not true because once you win or lose in court, it cannot be tried again and it’s a settled matter, and that process indeed does legally settle whether there is infringement or not. No one sits around after the verdict is read and scratches their head, wondering whether they are infringing or not.