This MAY help you to determine-- WHAT if ANY-- impact the Kessler Doctrine might have on OUR situation..
http://www.schwabe.com/showarticle.aspx?Show=13181
This doesn't cast any light on whether the "Kessler", extends to ITNL Trade Comm. decisions or NOT.
Since it references 'Court', decisions, and NOT 'Commitees', there MAY be a distinction Made..
Infringers MAY seize on, and belabor the POINT, as they continue to avoid paying for the use of the MMP.
IMO...