Well, he is not on the XNRGI TEAM any longer.
The website has been updated and faster than at any other time in history.
Yes, the patents have to be unencumbered in order for XNRGI to monetize them through licensing or at least to keep that money.
This may be a way to secure payment of a percentage when he could not get XNRGI to agree. Letting the courts decide and not the greed mongers at XNRGI.
You are correct that this indicates a value in the technology, and an insider view of future potential, otherwise, why sue ?
I would hope they would come to an agreement and move forward, although that may have already been attempted without success.
Applying leverage at a crucial time can do wonders for his chances at success.
jmho
Bill