don't sue. here's my cost-benefit analysis.
1) the patent application itself doesn't grant the rights till it's allowed
by the USPTO.
2) the collection of evidence for infringement claims is costly.
3) the lawsuit itself is costly and lengthy with no guaranteed success. the
defendant can throw out the infringement claims simply by invalidating the
patent application; it can also drag on in the process and wear out the
plaintiff.
4) rather than fight over the IP, the plaintiff should've included
