The constant court battles and delays, coupled with other life obligations, limited the band's time for working on music, and drained members of their motivation to be creative and write music. The issues stemmed from a lawsuit from a friend who claimed credit for artwork the band had used, but escalated after an insurance company involved sued the band over technicalities, leading to the band then counter-suing the insurance company. Lots of noodles, just no dishes.' In 2014, Jones and Carey revealed that complicated legal issues and court battles stemming from a 2007 lawsuit had been slowing down the process as well. There's no actual songs…It's still kind of noodles in a big basket. Keenan summed up the album's progress at the time in a cooking analogy, explaining that 'Basically right now it's a lot of ideas.

Carey later revealed himself as one of the involved members, noting that he had been involved in a motorcycle accident that resulted in multiple cracked ribs, which caused him pain that further slowed recording. In 2013, it was reported that two separate scooter accidents injured two undisclosed members of the band, eliminating nine days of planned “jamming” time. Outside problems slowed progress on the album over the following years. In 2012, the band's website was updated again, with the webmaster writing that they had heard instrumental material that had 'sounded like Tool…some of it reminiscent to earlier Tool stuff, with other parts pushing the envelope' and that they estimated that the album was around half done. The approach was consistent with what the band had done in the past, with Keenan waiting to write vocals and lyrics until instrumentals were completed. The band was quiet over the next few years, only with Tool's website announcing that guitarist Adam Jones, bassist Justin Chancellor, and drummer Danny Carey were working on instrumental material while Keenan focused his efforts on Puscifer. However, by early 2008, at the 50th Grammy Awards, Keenan announced to MTV that the band would begin writing new material for their fifth studio album 'right away'. After this, frontman Maynard James Keenan mentioned that he saw Tool breaking up in the near future, and focused on his side project, Puscifer. The band toured heavily in support of the album, playing more than 200 shows through 2007. It topped the US Billboard 200 album chart and was certified platinum by the RIAA, indicating more than one million units sold, a month later. In 2006, Tool released their fourth studio album, 10,000 Days.

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