That was the answer to a question offered up at a IP seminar given by a team of prosecution and litigation attorneys from a prominent IP law firm last week which I happened to attend.
Obviously it is something that is on the minds or others because I did not ask the question but heard both the question and the answer loud and clear. There was no hesitation in the response and no amplification offered made by any of the co-presenters.
Of course, the circumstances of this case may be special and had they detail of this case a modification to the unequivocal statement given might have been made.
Just a little FYI
GLTA