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You bring up a valid point there, especially regarding Acacia which has filed suit for exactly that against the companies that (have) prevailed (to date) against the V-Chip infringement claims. However, I'm certain the defense group and FightThePatent are aware of this possibility and are prepared to deal with it when it finally may become an issue.
Patent litigation is a long, drawnout process that is complex and expensive. There are a number of different strategies that are available to fight claims of infringement, each of them with their own advantages and risks. The advantage of pooling resources by a group of defendents is obvious. The risk is later to be found that they did so unfairly.
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