IMO....any company that can prove they have the ability to implement flash, could step in and sue Vivitar or similar companies.

This is the reason for validity test for a petitioner.

It appears, the validity test is a determination of a judge.(IMO political at this point)...and I do not consider it a defence for a defendant.

If the validity test passes( or a favorable political agreement is achieved....lol) , the petitioner can move forward with his argument.

After that test, what direct digital defence could Vivitar take?

doni