You can continue to defend the action of the company and you have a vested interest in doing so - but the facts are at the time of the press release the patents aren't pending. No flame wars just a discussion.
If you read the documents from the patent examiner it is pretty clear that there isn't any reason to believe that the patent will ever be approved.
On the first patent application - Jones got a continuation but he never responded to USPTO and it was marked as Abandoned - (Abandoned -- Failure to Respond to an Office Action).
You must remember - you are quoting from Law 360 - and the author of the article is trying to generate new clients for his law firm. There isn't any statistics that what percentage of applications are approved after a Final Rejection.
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