this gets back to the fact that chm have so many shares and options on issue that the only 'win' for them that works (after they pay the litigation funder and others) is a huge win. why would mmx settle for a huge amount, they might as well go to trial because they might not have to pay a cent if they win. litigation (despite the facts) can go either way but niether of these parties can settle for some middle ground. it is all or nothing and it is definitely going to court. the judge will reserve his decision and there will be no more news until 2010! Then the appeals will start....
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