Comprehensive settlement agreement reached during trial released claim for statutory damages and fees.
Penalties under the statute are not per deft.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-13/C:17-3335:J:Manion:aut:T:fnOp:N:2201522:S:0
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.