Unless I misunderstood, the parent comment referred to a buy-out/acquisition route, which is where SmartCar should ask for at least a post-money ballpark figure

Unless I misunderstood, the parent comment referred to a buy-out/acquisition route, which is where SmartCar should ask for at least a post-money ballpark figure -- no judge involved in an acquisition process. If SmartCar goes for damages, then that's an entirely different ball of wax.