If MAXD was able to stop VSL in arbitration (which would have been outside the GOOG trial courts), then they will only need to reveal that info to the court to shoot down GOOG's argument. I think that will be the situation in both the USA and Germany.
GOOG appears to have submitted their request for dismissal without being fully aware of all the signed agreement documents between VSL and the technology inventors. That would come as no surprise, as GOOG is going to throw out anything they can in hopes of intimidating MAXD, and/or maybe getting a lucky ruling.
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