Thanks. Unaware of the claims construction issue. However, the 10K reflects per-procedure royalty settlements with several, including B&L.
As for "patent bully," this sounds much like the words of one who does not like to pay royalties....
As posted, EYE still collects a nice per-procedure fee of $100. $200 on the new custom ablation. Given that there are approx 100 mm US, and 3 billion worldwide potential customers, hard to imagine that the market is "saturated." I do believe the per-procedure rate needs to fall, but with just 1 mm a year US procedures, seems like much room to grow...
Notwithstanding Nidek's zero fee, VISX still has managed to hang onto the lion's share of US procedures...