TMM was utilizing the fought over software when Cavanaugh was attracted to TMM in 2011, he stated as much in his shareholder update. Then he added up to 10 programmers to "fast track" development of the codec. Then he stated he wasn't going to use it but bought DFI (Simpson was once again rewarded for his theft) anyway just so they could shelve this "attractive" codec that they evidently didn't figure out how to use.
A small start up company goes to a large user and says hey we've got this great technology and even have patents on it.......but we're tied up in a legal battle as to the ownership of our little gem. Want to buy some? Not encumbered you say?