No confusion necessary - Acacia doesn't have the money to take on Microsoft's lawyers. It's just simple math.
Besides, Microsoft would weigh out the costs of litigation versus the cost of buying the company or a controlling share of stock and do whatever was cheaper... trying to take on Microsoft might very well mean they'd all lose their jobs and be out on their asses, flat broke and crying over the money they could've made if they'd only stuck with the "low hanging fruit".
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