I have no skin in this game to be fair.
I am only going on what has gone on what I have read and from experience of litigation and business law.
There are many people who profess to know what they are talking about and giving one line answers.
However ask a corporate lawyer and you will not get a simple answer.
Also business law is how each company reads the situation and their expectations as to how they will pursue a potential claim.
Ascend will potentially have bigger problems to deal with at the moment.