Since the plaintiff is seeking actual damages, and Warner Brothers expects to take in hundreds of millions of dollars in profits in the first few weeks of release, the combination of denying the preliminary injunction, the threat of a permanent injunction, and losing millions of profits to the damages awards puts the plaintiff in a good position to get a nice settlement, should he choose that route.
Technology & Marketing Law Blog: Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too—Whitmill v. Warner Bros. (Guest Blog Post) via @lods1211.