Didn't say they owned it. Regardless, I have no sympathy for GBX.
Sega should return the favor and sue GBX in turn. It's just too bad they DID fulfill their contractual obligations to the publisher to cover their butts and get the game plus 4 DLC items out the door.
Mind you, Sega should still seek accountability as to where that money went.
$60,000,000 is a Hell of a lot of money considering how the end product turned out.