If Theora gets sued over a patent that H.264 also violates wouldn't MPEG LA want to back up Theora as to not give credibility to the patent? If they didn't the

If Theora gets sued over a patent that H.264 also violates wouldn't MPEG LA want to back up Theora as to not give credibility to the patent? If they didn't the suit against Theora would just strengthen the patent against H.264. I guess, H.264 can counter-sue to protect themselves, maybe.