You know, I agree with almost all you say.....(Don't have a heart attack now) I have lived some of my life, not all to my regret, trying to look forward, determine what the next step is, what the consequences of any action I take are and then what to do then, that is why I have great confidence, perhaps misplaced, that DM is smart enough to do just that. "What if"......My thoughts are DM knew the Motion for Declaritory whatever...was the first step and acted accordingly with strong evidence presented to overcome that.....(I know, I know, nothing is certain.....that is what I meant when I said DM is 10 steps ahead....they have planned for these contingencies.....they are PROACTIVE not reactive.....DM, in my opinion, is NOT waiting around to see what Vivitar does or might do but is planning the next step.....that simple...frank