Well remember this...in the plaintiff filings they cite discussion with TPL over many months...with discussions on licensing...they never say they infringed...in fact right after that paragraph about the discussions they affirm that they do not infringe ...on 148...336...or 749....or any claim on any of these patents.

Can it be admitted as evidence?...sure...anyone involved in those discussions will give a depostion or testify to that...but it means really nothing....no one admits infringement...so why discuss licensing then????...because if it's small enough they pay with no admission of infringment and call it a nuisance fee...when the demand for fees gets a lot higher then we get what we're seeing...a court case.

If it goes to a jury trial, which I don't believe it will, the Plaintiffs will make this as technical as they can get away with...and the jury selected, usually from average everyday people who really don't want to be in federal court anyway, they will not be overwhelmingly happy to sit through days of techno-jargon.

JMHO