According to Publishers’ Marketplace, Judge Robert Patterson, Jr., is urging RDR and Rowling to settle.
Patterson said, “The fair-use people are on one side, and a large company is on the other side…The parties ought to see if there’s not a way to work this out, because there are strong issues in this case and it could come out one way or the other. The fair-use doctrine is not clear.” He added, “Maybe it’s too late. Maybe we’ve gone too far down the road. But a settlement is better than a lawsuit.”
In other words, Patterson isn’t looking forward to writing an opinion on this topic.