They don't have to do an RS. Once court is over no matter if they win or loose they can retire a major portion of share count which is 5 billion and convert what ever else available to preferred.
I believe the OS is 1.6 billion. Which would probably give us a brief momentum run to .3 to .4 depending on revenue. The problem I have is just that "revenue". Sometimes I believe they actually think we (investors) as a group are complete dumb asses and will accept any info as gospel.