I think Tinker has a good point. By analogy, as a patent attorney I saw many times that a company facing a threat of injunction from a patent lawsuit would go back to the drawing boards to come up with a design around. In the process, that company would sometimes come up with innovations that not only avoided the patent but were improvements giving it a competitive advantage. When you corner someone and force them to think about their options, you sometimes regret the outcome.
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