Sorry I had to leave to make a Court Hearing when I first read this. And since it needed more than one post I left it till after dinner...

FIRST: Let me ask?...

Did VIVITAR file and go through Bankruptcy?. I don't seem to recall that...

Assuming they did not, the answer will be simple. The way they just dropped the Ball in the case against them, (reading their lawyer's Petition to be releived as attorney of record), DM can file a Title II Motion for Summary Judgement against them after the Markman Hearing is decided.

And since SAKAR was put on notice by DM you can bet that they will be the deep pocket for the case...

If VIVITAR did go through Bankruptcy and DM's calim was considered there, the only remaining issue would be if SAKAR uses some of the tech infringed by VIVITAR in any products they Market, as all the past infringment claims would have been addressed in the bakruptcy court.

If the routing of VIVTAR through Birillian then to SAKAR proves to be a SHELL GAME concocted by them to defraud the creditors, then that issue can be raised in any bankruptcy proceeding, something I am sure DM would do before letting go of the claims against VIVITAR or its "Buyers!?"...

On the other hand they may have negotiated in leaving the matter out of Court with any settlement pending the Markamn results...

Gil...