No stalking horse or auction set - I don't think it's going to go down that way. My guess is that they will solicit the best offer they can and then incorporate some sort of JV via a POR....whether this leaves room for equity or not remains to be seen....but given Berg's holdings of debt and equity, I do feel his interests are aligned with ours (notwithstanding the opinions of longs who don't currently like him because they lost a lot of money)
My understanding of the ad hoc committee that applied for formal recognition was that the US trustee denied their request, but yes they did get a formal hearing end of December '12, but the judge denied request. From what I've heard, it was an a steeply uphill argument to make with this judge from the get go.
W/R/T the IP - this is not a sector I was previously familiar with so I'm slow on that curve, but would you say the Lithium Iron Magnesium Phosphate versions that A123 and Valence has court validated IP protections for have been commoditized?