MNTA: Can you restate your point in a different fashion please? Are you saying that MNTA must prove the "validity" of their own patents to win?
I'll let JBOG provide his own answer, but I understood his response. The current state of affairs with regard to technology patents, with the vagaries of claims, overlap of "coverage", proliferation of applications and patent grants, and the development of "trolls", all have obfuscated the intention(s) of patents. When an individual or company cannot rely on the USPTO to be clear about whether or not a patent truly holds the water intended, there is plenty of room for others to maneuver into a "patent protected" space.
JM2C,
aj