In the absence of proof of Amiga Delaware?s status as lawful successor in interest to the rights set forth in the Agreement, and of Hyperion?s and Eyetech?s written acceptance thereof in compliance with §7.12 of the Agreement, it cannot be said that plaintiff has demonstrated a strong likelihood of success on the merits. The motion for a preliminary injunction may be denied on this basis alone.
In other words, the shell game may be catching up with them.
Does Hyperion go for the jugular?
Jugular? Based on Hyperion's latest filing it's looking like nuclear winter for A-Inc!