Ken: My guess why Amarex stonewalled re the data would be that it didn't want its performance to become public knowledge. I don't have an educated guess as to why this hasn't settled if compensatory and punitive damages were off the table from the beginning. Perhaps SA does have a viable theory to overcome the problematic language, or perhaps Amarex has a theory that CYDY was contributorily negligent in some manner regarding the prep and submission of the BLA. The amount in dispute re Amarex's fees and our attorneys fees certainly isn't chump change, but those amounts would pale in comparison to consequential/punitive damages -- so given what appears o be gross negligence or worse, a settlement regarding service and attorneys fees would seem highly likely.

Keep in mind that a settlement is only possible if both sides act rationally in terms of each independently assessing both sides' leverage. But that doesn't always happen. My 3 largest plaintiff's jury verdicts all occurred in the face of a $0 offer.