I normally wouldn't touch anything that has Florian Mueller's name attached with a ten foot pole, and I certainly wouldn't bet any money on there being a connection between this theory and the settlement talks. On the other hand, that's not to say that I think it's impossible, but Mueller has been too far off the mark too many times.
The real news here (as far as I am concerned) is that the judge has suggested settlement talks, which to me, in my legal ignorance, sounds like he thinks the case has some merit?