Amiga Inc. point out in their statement that Hyperion didn't deliver on time. Apparently OS4 was to be delivered after a short while, a year or less. But they sue only now, after more than five years have passed. If you wait that long, can you really have a case? Wouldn't it be like having an apple tree and not picking its fruits, so someone else comes and pick it, makes juice out of it and only then do you come to tell them that the apples were yours, after having neglected your fruits for so long?