While there is a patent dispute case, that is near impossible. If I am an infringer and you come to me and say I must buy a license, I can simply deny because the patent rights are in dispute. So If I start paying you for my license to use the technology and it turns out the other side got the patent rights then I just got screwed.
So for the past 2 years I bet it would of been pretty difficult to license a patent in dispute.