wsa court decision, page-22

that's the point imo. this must go to court because chm has so many shares and options on issue that they must have a 'huge' win to make it all worthwhile. On the other side MMX could settle for a 'huge' amount (which would be devastating) or they take the chance on the litigation. If they loose they are up for the 'huge' amount potentially but if they win, they walk away clean. litigation can always go either way no matter how good or bad your witnesses are.