There is merit to your point of the need to protect EDIG`s intellectual property. Since it is clear companies like Toshiba pounce first on market opportunities and then worry later about infringing on others technology, EDIG must make certain their technology is protected.
They would, as you note, have to deal with this on a contingency basis but part of Atul`s job is to protect our investment by making sure others are not in violation.
I wonder how much of that sort of analysis actually gets done.