Dimension did not oppose their own motion to dismiss the abuse of process claim WITHOUT prejudice. They opposed the new guys motion to delay the trial AGAIN.
But yes I agree the trial is probably not necessary at this point the Declaratory Judgement should be a gimmie it makes no sense for TMM to even argue the point since they dont want to use/have no clue how to use the fractal codec anyway. And they know they will be found GUILTY of possession of the stolen codec. TMM should just stipulate to it and let this move on to the fees and costs issue.