Wrong, it was not overdue when filed. They still had several days according to the amended agreement. But that is not the point.
Axil was claiming "Keeping the Quark IP out of the hands of IH was the main reason for the lawsuit"
that is he filled to prevent IH from getting the technology he agreed to.
So what, That is what lawsuits are for. The judge makes an impartial decision about contracts and business. No morality involved. Rossi got what he wanted. He is THE MAN.