rachel, very simply, remove the patents and what remains as leverage at the negotiating table?! as SKS stated, he doesn't want to "hit 'em over the head with patents" -- it about parlaying the patents into a commercial application!
"patent positioning is a technique to introduce risk or shift the conversation to a different set of analytics."
PRECISELY MY POINT: when discussing Wave's prototype applications and/or services with potential "customers", i don't think converstions directly address IP issues -- i suspect most converstions [with potential "customers"] are squarely focused on how those applications and/or services may be monetized mmost effectively -- BUT I'M CERTAIN THAT THOSE "customers" WOULD NOT ENGAGE WITH AND POTENTIALLY PAY WAVE FOR SOMETHING THAT THEY COULD COPY AND USE WITHOUT CONSEQUENCE -- far as i'm concerned, the patents are the big stick in the background providing for silent leverage.