I always thought they would return it. So many people being negative over this ICO but it went just like all major ones do. NONE of them go smoothly. For those that have still not heard the news about gas being returned here is the new press release i received regarding this :
We are continuing with our refund process, thank you for your patience. Many have asked about the GAS that is being generated while we hold your NEO. We will be returning this to you as well, as calculated by how much was generated over the past few days since the RPX sale. The GAS refund will take place after the NEO refund has completely finished.