The BOD had their chance to negotiate with TPL from what we believe was a position of strength. A Judge ruled from the bench against Leckrone in another case. I believe we had smoking gun evidence of illegal acts.
There isn't "another time" after the Markman. That should've been handled in the prior litigation. We had 10 million in the bank. I would've prefered to have dismissed this case against the T3 and have attacked TPL full strength then to have a favorable Markman and then have to go after TPL again.
That is an awful strategy.
If that happens there would be no doubt TPL and the BOD are in cahoots, either by their own volition or by TPL having illegal information linked to the BOD.
The fact that non-performance is even being discussed is "scary".