For a company whose value is $26,000,000?? It seems to me DM will be "beating a dead horse" if they keep after Vivitar for money.
If it's for confirmation of infringement, that may be another story but how much time and money will you be willing to commit just to get an acknowledgement of that?
Now if this lawsuit follows up the ladder to SAkar then I might agree with you however we have no facts to show that is what is occuring...