They probably knew.......just had to give DL enough rope to hang himself. DL's ComAg w/ PTSC was pretty airtight and with too few loopholes to exploit early on.
I keep thinking back to the mess that Judge Fogel made for us with his ruling against Higgins testimony of patent divisions and Russel Fish ownership.
Also CM eluding to info of DL's having influenced a judge somewhere along the way.
Hmm but then, I'm sure things will get wrapped up intime for QE2, or it will be everyones' loss.