Sorry, but I need to correct you somewhat..
They have been sueing PEIX for some time now, and PEIX reported lower then estimated earnings most of the time. But now since the merger with ICP the earnings are good. A record (but that's logical after a merger) and higher then estimated earnings. It might be because ICP added a more efficient production to PEIX.
Now here is the thing: ICP runs as far as I know on licensed GERS technology. That doesn't add to the lawsuit, because ICP isn't infringing.
But what I think could be the positive thing here is, it could be more interesting for PEIX to use that technology on all of their plants if they know ICP is more efficient.
By the way, this is mostly positive for GERS. It's only positive for Bitzio if they still own GERS and if they start reporting.
We know GERS needs to file on the lawsuit if there is a settlement. But BTZO doesn't. So it might be that no one knows if BTZO is still owning GERS , and no one will be seeing how much they get from the lawsuit and how much this share is worth.
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