The defense is not trying to take the stance that they don't infringe our patent. They are trying to take the stance that the patent is not valid, is in question, or is not patentable. If they can plant the seed that the patent may not be legit it gives them a stronger hand to play with.
Trust me, they infringe! This is another round about way for them to try and get out of the Tangled Web they've woven.
Soon we will see just what kind of spider DM is and how well the prey is entangled in the DM web.
JMHO