Not so sure LPD lost EMH. Was that not also originally the LIT licence??
And look what happened to the EMH SP after they selected the "proven" path of classic roasting. They took the "safe" bet with an existing technology but as it is much more expensive (less efficient) the market has punished them for it severely. If LPD does proof some progress well before EMH starts building their plant they may come back to L-Max. Business wise the decision of EMH was correct. You are not going to select an not fully proven technology from a very small company which is facing a court suit and a hostile TO....
There was no way EMH could have selected LPD at the time they had to take the decision. And note how they actually stalled taking the decision, and long enough for the court case to resolve. But then LIT fired its second bullet, the hostile TO. That is where EMH draw the line and continued without L-Max. Clearly not what EMH wanted, but obviously that LIT wanted it to happen this way. This may also be the prime reason for LIT to drag on with this TO. The longer this holds on the less likely EMH will revert back to LPD and L-max.
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Not so sure LPD lost EMH. Was that not also originally the LIT...
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