One more year of these operations and it would probably happen.
But remember, Busch forced Moser to build it at the park instead of building and testing it at Moser's facilities before shipping it. So Busch probably won't get off easy like Dollywood did with their troubled prototype (name escapes me atm).
Moser wanted to assemble Mach Tower at their facility, not have a similar ride installed in a park nearby them. BGW wanted the ride as soon as possible. It certainly would make a great counter argument. Not sure if it would be the defining evidence in the case though.
Something tells me that if a lawsuit happened, no matter the outcome, it would be very bad for Moser. This was really Moser's first time trying to expand beyond the fairground market and, well, they failed. Badly. That's fairly well documented. But, if SeaWorld Parks & Entertainment sued Moser and it got out, I can't imagine another park buying any major Moser ride for a very, very long time. If Busch were to win, things would be far worse for Moser. With that in mind, if we were to get anything solid on a possible lawsuit, backroom deal, or settlement, it brings up the question of whether or not it would be ethical to leak such information. Unlike some coaster plans or leaked special event information which, no matter what the park thinks, does end up helping them; something like this would have the potential to really mess up an entire company and, thus, the livelihoods of its employees. I have my own curiosity about the details of what went down, but, if I were ever to find out, there's a good chance I couldn't bring myself to post it due to the possible far-reaching effects of such a leak. This is one of those very gray areas. Contrary to what some of you (and the park who I know is reading this) may think, we really do put a lot of thought into what we leak, when we leak it, and whether or not it's better left under the rug. In this situation, if something were to come in, I think it would be one of those pieces of information we leave under the rug.