Saw this posted elsewhere, good point.
Quote:
Not a lawyer but would imagine that in the contracts they have licensees sign there is wording to the effect that licensee agree patent is valid and they (licensee) are using it on their site(s). Most likely it even goes on to say that should patent be invalidated, licensee still is required to pay fees independent of that ruling.
Now whether that portion of contract would hold up in court or not (or if it is also a breech to even challenge it after it's ruled invalid) is matter of opinion; but as these are some of the same cats that milked the on-screen tv menu and to lesser extent v-chip 'patents', IMO they wouldn't willingly play catch and release for fish they already have on stringer once judge takes their poles and tackle away...
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Sucks to be a licensee.