They are full of shit.
How do they propose paying a new CM? How will they get the parts and machines released? When was the Early Achiever advice poll taken?
What CM would agree to build these machines without money up front? DP has no leverage with ARA. Except this imaginary lawsuit that is so much in their favor - and such a slam fucking dunk - that they have decided not to pursue it. Whew, lucky for ARA! A close shave!!
The only way they proceed with a new CM is with a new financial partner. And I don't know anyone that would put in that kind of money without a controlling interest or a management agreement that puts them in charge.
And lastly, companies buy businesses to make money, not shut them down. I doubt that the private equity company that bought Stern was a pinball manufacturer. They just like making money. DP should pursue an agreement like that, accept (graciously) a minority interest and see if they can remain a company.