My contention is that with a lawsuit hanging over most companies, price appreciation of their stock is generally negative or at best, flat

This company has been in litigation for about three straight years now. (maybe longer?)  We are an IP company right now and litigation by us or against us shouldn't surprise anyone.  EPS is what will eventually turn this company around.  Just like any other stock, it can be hyped once or twice, then it needs to peform to survive.