mikeyboc, //content.invisioncic.com/y282845/emoticons/clap.gif.178cba2c538c68e720c727fcb024b19c.gif good on you for getting this organized as well as you (and your legal counsel) have done to this point.
I hate it for Mark that he has chosen this route rather than doing whatever was necessary to get product out (turning down the offer of free help multiple times speaks volumes about him as both a businessman and a person, unfortunately) so I'll just say good luck to you and everyone else that is out hard-earned $$$ at this stage with nothing but aggravation to show for it.
Go get 'em!!