Michael:
The only people who might be the slightest interested in conjugating the verb tenses of NVC's public statements are the plaintiff's in the California civil lawsuits who are suing to get their loans back with interest. One of the bases of their legal complaints, as I am to comprehend it, is that NVC makes "misleading" statements.
Claiming that their Embarq family of products are being sold in the marketplace, could, in my opinion, be just beyond the solid boundaries of safe-harbor protection on December 23, 2004 since it might be difficult to sell something you don't have; but creative attornies have ways of immunizing those forward-expressions made in present tense.
Just out of common curiosity, why would you think that if Embarq was really going somewhere that the brothers Propp would leave the field? Is Adaptive Networks (ANI) so busy making a success of PowerStream applications that they would drop Embarq instead of participating as the lead engineering firm in the Embarq development? Logic leads us elsewhere. The virtual return of Embarq by ANI in a sarcophagus wrapped in a shroud should be a clue.