I wonder if it could be used as a defense for the defendant in the case of Twitter using their patents on the offensive. i.e. Twitter sues Company X for using

I wonder if it could be used as a defense for the defendant in the case of Twitter using their patents on the offensive. i.e. Twitter sues Company X for using a follower system. Company X asks judge to throw out the complaint based on the Innovators Patent Agreement that the Twitter CEO and board signed.