For arguments sake, let's say your writer friend has it correct. This does not mean that we can not accuse companies of past infringement, only that the courts may rule against us should it go to court and not be settled before trial.

Given the fact that we are typically accusing infringement of multiple patents in the MMP portfolio, and considering the 336 would still be valid for infringement post recert, I believe there is good reason to suspect we may never know the answer to your question. Of course if I was an infringer, I'd be arguing exactly as you are, in hopes of easier settlement terms.

The present court case might progress to the point where we hear arugments on exactly the point you brought up. If we get that far, I'll be certain to listen carefully to both sides, as I'm sure you will. Until then, I think I'd be wasting my time.

Opty