Jay, It is meaningless to argue this anymore, the judge may has already decided it, and nothing we can change. Just let be what it will be. In my Humble opinion, I believe TMMI will win this case, otherwise why you start this law suit in the first place if you do not have any confidence to win. Since TMMI started this law suit, its lawyer team must have done full study before the law suit was filed. No one will file a law suit to lose, am I correct ?