The potential for batteries is huge, and expected to grow exponentially. A123 also has a goliath called GE backing it up. This combination, along with support from the US govt, could provide the foundation for huge growth in the future.
A123 isn't going to gain any new customers so long as they are tied up still with infringement law suits.
Black and Decker is a named party in one of the current law suits. So there's no way another fledgling new EV company/program is going to want to go anywhere near A123 for product until they prove in court that their technology is not infringing or come to some settlement.
This includes working on prototypes that usually take 2-3 years to commercialize.
They better hurry up and win their case in court, or they're going to miss a lot of proto type projects and in turn miss the boat for commercial production.
Every day in legal limbo is another day with no commercial progress.