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?
Case is not about delivering a product in time. Amiga Inc bought back OS4, terminated license and is sueing Hyperion because they are illegally using Amiga's intellectual property.