http://www.breitbart.com/article.php?id=D941NCJG0&show_article=1
My head exploded a bit when I read the bolded part. I honestly did not expect anything to become of this, because if nothing else, all Obama needed to do was provide his Birth Certificate to shut it down. But no.... instead we get asshat judge who says "An illegaly elected president in not concern enough to make me do my job." 
Well, not quite, IMO - to me it reads like "until he is elected there is no harm done" - And, one can't point to the mounting evidence of fraud during the primaries either, because there are no rules governing how primaries happen. The DNC could have just pulled Obama's name out of a hat, and ran with that if they so wished. So, any problem on that front is an internal DNC problem, and its pretty obvious to me that they like the way everything turned out.
So, I think, there is no harm until he is elected, <<BUT>> assuming Obama wins, and getting the this suit addressed before the Electors meet in the end of December is a hot potato no court will be willing to touch.
If Berg has hard evidence in this case, the best thing he can do at this point is try Obama in the court of public opinion by spreading it across the internets. Because, if he loses, mission accomplished.