Just a friendly argument here, but are you really suggesting that EDIG may get MORE than they are actually seeking out of arbitration?! Not bloody likely!*
I recall being (and still am) pissed that they didn`t seek much more in light of Eclipse`s agregious behavior, EDIG`s expended effort, Eclipse`s false statements (to EDIG, which announced - to their later embarrassment) and the technology revealed to them. Should have shot much higher (especially with the contractual ammo in hand) and been prepared to accept a smaller number (greater than $2.5M). They must have looked at what they had in the way of evidence (recorded ``actuals``) and desired to put forth a good faith request hoping for a really quick resolution (but should have known better - F-10 was already known to be ``slimy``).
* I can think of only two ways EDIG could possibly achieve more than $2.5M. 1) Accrued interest expense on this ``debt`` since request for arbitration was filed. 2) as part of a settlement, F-10 licenses any EDIG tech incorporated in their products.
JMHO,
SGE