Good point that patent pending protection is in place, but it's not quite the same protection. It is only the same until it isn't anymore. With a granted patent, you have certainty of that protection until expiration date. With patent pending, you have uncertain protection. It could end at any moment upon denial of the patent.
I think it is also worth pointing out once again, that we are under patent pending protection. If it take the patent office twenty years ( lenght of patent protection) to make a decission we are still protected for twenty years of patent pending protection.
Their simply is no issue here!
Patent pending offers the same protections as a patent. EOS!