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"Why not sue them right then and there"

From what I read, it seems like the suit may be mostly predicated on the agreement that required IP Nav to wait 30 days. I don't believe they could have just sued for "patent extortion" originally.

It is nice that they are asking for a declaratory saying they are not infringing, but I believe they only could have done this on the defensive originally whereas now they can be on the offensive.



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