"My question regarding this new tech is... can they sell it??"
Good question, however, you make a compelling argument that they cannot. Why, considering this new Nunchi technology is all unrelated to past events?
However, DM was not concerned that EDIG could not sell their patented technology, only that others infringed and that they could make the case of infringement.
Is that an indictment on management that they could not sell their technology?
Perhaps, but irrelevant. Hence, 174+ infringers and a Markman hearing ruling waiting in the wings.