In summary, I think what the article expresses is a future position that would be appropriate for a negotiation between Vringo and Google in some sort of a license agreement. An honest firm can discuss how much of an infringement is worth on Vringo's patent.
But, I see it as having no effect on the hard reality of is it still infringing on a Valid Patent. Is it a workaround or not? Not is it a good try? Too little too late IMHO.
This is not a game of Horseshoes is it? Google is not exactly a new firm coming in with clean hands in this instance?
If there is any justice, this scam will not work at this late date on JJ's decision.