If the judge finds that OS4 was finished 2003 the check is irrelevant, cos the deadline long expired.
If the judge finds that Itec holds no rights the check is also irrelevant.
But the judge may find that OS4 was indeed only finished in 2006.
And he may also find Itec does hold rights.
In that case Itec can now claim that they have tried to "buy-back" before the deadline expired.