Cardinal is idemnified by ICM, however if ICM loses and cannot pay the damages Cardinal will have to pay a portion of the damages as a listed defendant. GERS, was smart and went after all associated parties that it deemed liable for infringement. <br /> <br /> As a listed defendant Cardinal could find themselves having to shell out big $$$ if ICM cannot (ie. ICM is liquidated). <br /> <br /> So at some point if Cardinal thinks that ICM cannot win this case, and projects damages awarded to GS Cleantech then they may have incentive to settle. It's all in the numbers. <br /> <br /> There are a lot contractual agreements here, that always makes things interesting.