I agree with a lot of what you say, but you too suggest that "IMO the last chance is for them and they know it.". If they fail, or continue to underperform in the opinion of the majority of shareholders (but not shares), what are the reprecussions? What is the threat? Something I still don't understand....
One other thing to consider: I believe there is a three year "look back" after the expiration of each patent, as long as the infringer was properly notified of their infringement prior to the expiration date. More time. Also, when do the European and Asian versions of the patents expire? I suspect later than the US versions, but I don't KNOW.
FWIW,
SGE