You can not sue for past infringement of a patent if the patent claims have been narrowed, so that they cover less territory. If because of the changes, the pool of infringing entities is recuced, then you can not sue anyone for past infringement. That's the law.

What I just posted simply was saying that it is our belief that the pool of infringers is no different than before the 336 claim modification. The claims are substantially the same and past infringement remains open to us.

All IMHO,

Hope that helps.

Opty