The judge observed that, throughout the lawsuit, "Odyssey knew at all times that Spain, given the information pertinent to identification, possessed the historical information and the expertise to identify immediately whether the wreck in question was a Spanish vessel" and that "the fact that Odyssey never asked for Spain's assistance in identifying the vessel reveals much about Odyssey's motives and objectives."
The judge pointed out that during the entire lawsuit, it was clear that "Odyssey had full knowledge that Spain, with its relevant data, could instantly determine whether the wreck in question was a Spanish ship" and that "the fact that Odyssey never sought Spain's help in identifying the vessel says a lot about Odyssey's underlying purposes.