I consider myself a fairly nieve (not ignorant) person, but how in the world can't you see this is dead. The powers that be won and will bury this until no end.
I would love one of you with more market knowledge than me lay out a bullet point, step by step process of how you think we win.
Only way we win anything IMO is if this ever goes to the courts and we get some sort of settlement in 15+ years.
PLEASE someone w/ more knowledge provide the above referenced bullet point....