...but he had to patent it before he could license it to him. Between patent and licensing could be infringement. Then he'd be going backward to extort money, r

...but he had to patent it before he could license it to him. Between patent and licensing could be infringement. Then he'd be going backward to extort money, right? Put another way: if the laws are changed to prevent backward "extortion", what incentive is there for Hasbro to license in the first place? Why not just let him come in with the patent, and then willfully infringe? And how do you tell the difference?