"It's a poor atom blaster that won't point both ways.". There are all sorts of competitive attacks that don't happen because they can go both ways. You also d

"It's a poor atom blaster that won't point both ways.". There are all sorts of competitive attacks that don't happen because they can go both ways. You also don't see companies having their competitors corporate executives followed by PIs and then sending pictures showing their adultery to the tabloids. Besides, if you try and fail you effectively strengthen the patent. Better to wait to try to undermine the patents they specifically try to assert against you-- 75% percent of patents lose claims on re-exam, so the patent holder knows they will likely have their scope narrowed which makes them more likely to agree to license or not enforce at all against a wealthy competitor (e.g. one that could afford to go after their patents preemptively). If the patent has already been re-examined the patent holder would have reason to be more aggressive and less compromising.