A suppose, but the point of the analysis is that one edge of the sword is pretty dull.
The point being that even in the extremely, vastly unlikely case that things would progress to an actual patent infringement suit that you lose, in the end, it may not matter, based on:
And even if Facebook could assert a valid patent protecting React, the damages are very speculative. I cannot find a case awarding a judgement for infringing a patent otherwise licensed through open source, but it’s not a case I’d want to file. “Hey Juror #2, please award my client Facebook money because we pulled a patent license that’s otherwise granted to millions of other people free of charge.”
