Note that AInc don't really have a very positive history in court cases, even with "solid evidence".
Although they might just get away with this one. Genesi's evidence seemed flimsy and perhaps too much relying on the fact AInc wouldn't be able to scrape together any kind of legal representation.
If AInc survive again, the Amiga community doesn't get the sense of closure it needs and the pantomime is dragged on for years more. Because, make no mistake on this, AInc are still in no position to do real business or to do anything positive for the Amiga.