Birdiehunter
Maybe its just time for lawyers to go back to what was tried and true and point out not a damn soul forces any company to use someone elses technology, but if they do they can in no way expect to get it for free. The rules in life have not changed it has and still should be if you steal and or use something that you don't own then you must pay the party that owns it. Not only SHOULD YOU PAY THEM BUT IF YOU DIDN'T GET A RIGHT TO USE SAID PRODUCT OR TECHNOLOGY FROM THE OWNER THE YOU ARE A DAMN FOOL AND SUBJECT TO PAY WHATEVER THE OWNER SAYS THEY WANT OR QUIT USING THE PRODUCT, OR TECHNOLOGY. This rule should be written in stone, and damned if I know where a rule was written that changed this concept.
There isn't a lawyer in the world that could make me rule in favor of any company that blatantly uses a technology they don't own. I don't see how any court could rule any other way unless they had a idiot representing them or the jury is paid off. How can there be any question if you don't own the patent to the technology you are using. It is almost a joke one would think that lawyers have allowed this common sense be rearranged to prior art and you are not making a product. Who and where does it state you must make and manufacture a product to get a patent granted and that is YOURS BECAUSE OF YOUR ABILITY TO INVENT IT.
Does a company have the right to not pay you if you work for them because you don't own or manufacture anything? Simple answer they used your labor they owe you, nothing different than using your patents.
JMO
Mickey