Is fusion garage going to sell this in the future or is the litigation currently stopping them from selling?
The smart move would be to call it a day and cut the losses, Arrington may have a legal case but it seems like he's throwing good money after bad as well. The joojoo isn't going anywhere, the 'profits' are non-existent and there won't be any in the future.
Maybe he wants it back as part of a settlement so the project can be sold to a third party?
On the off chance that FG turns it around and somehow does manage to take it to market successfully (which this suit will almost certainly impede,) then Arrington and company should get to reap the proceeds (if that is what the court finds.)