They may say that, but then again, still there has to be a case to prove I'm infringing, if I'm not cooperating in paying royalties. They can not just send over some one to collect the money if I say I'm not infringing. A judge has to decide then.
So the judge might say a particular technology is infringing, but when i'm using a slightly different technology or I'm saying I'm not using it at all. GERS first has to prove it.