Probably dispute a claim that already lost and try to throw more mud against the wall. Stall as long as possible to avoid the 'with prejudice' part of the decision. They have to fight against money coming out of their pocket. Personally, Sullivan would ask for increased court expense dollars coming from Rosen if Sullivan wins again. Rosen might even tell them, we'll pay your costs if you don't pursue the penalty phase. Just guessing. They really have to limit their loses. Bad for their image.