Is there any precedent for suing someone over lost potential sales?
Yes: every MPAA and RIAA anti-piracy case in existence.
I never said that silica was the only material to make aerogels out of. I said that aerogels are usually made of silica, and silica aerogel is still the most common type used today. And I never said that CNTs can never be in a gel, I said they are never in a gel. And actually, after I went out and actually looked around to be sure of myself, it looks like I might be wrong, and someone might have already made a true CNT aerogel using critical-point drying: http://www.physics.upenn.edu/yodhlab/papers/2007/AdvMat_2007.pdf
Apparently, as far back as 2007, some researchers, using single- and few-wall carbon nanotubes in a suspension, used critical-point drying to create a true CNT aerogel. The aerogel was fragile by itself, but they were able to reinforce it with polyvinyl alcohol so that it could hold up to 8000 times its own weight.
I can't speak to the material in the article, but aerogels are made from all kinds of materials, not just silica. Silica aerogel was possibly the first aerogel. Carbon aerogels are real aerogels, and made by baking organic aerogels. They can be further altered under steam and pressure. That is the normal process for making superconducting capacitors (ultracapacitors).
They still don't make aerogel out of carbon nanotubes. Very lightweight, strong masses of carbon nanotubes (which look and feel similar to aerogel) are never in a "gel" state, and are therefore not really aerogel. Therefore, the article, which states "aerogel contains multi-walled carbon nanotubes," is wrong.
Oh, and BTW, "superconducting capacitor" is not the same thing as "ultracapacitor." An ultracapacitor, as you said, often uses carbon in various forms (graphene, carbon aerogel (not carbon nanotube aerogel!), carbon nanotubes, or even activated carbon) and can hold kilojoules. A superconducting capacitor, by definition, would involve the use of superconductors, and might theoretically hold somewhere on the order of terajoules.