If they go down this route, SmartCar should ask for at least their post-money valuation based on their last $10M raise back in March 2018[1], not just a "couple of million".
Unless I misunderstood, the parent comment referred to a buy-out/acquisition route, which is where SmartCar should ask for at least a post-money ballpark figure -- no judge involved in an acquisition process.
If SmartCar goes for damages, then that's an entirely different ball of wax.
[1] https://www.crunchbase.com/organization/smartcar#section-ove...