Ken - I'm no lawyer either but I think its a hard case to file against affiliates of a program that are in compliance with a license attempting to prove they are conducing the infridgement of a patent that not being infridged upon. What a mouthful.
*thinking out loud* It might be a good idea for me to sponsor a 1 hour radio show, question and answer with my IP lawyer. It would be nice for all these webmasters currently without counsel to hear some 'opinions' from a qualified lawyer. Education can only help the industry... Something I know 'someone' is afraid of. Fortunately we're not a bunch of uneducated, weak willed, wanna-be-businessmen as 'someone' may have initially thought