Things said in negotiations generally can’t be used as proof of liability. See Federal Rules of Evidence 408.
Also, it seems to me that this allegation HELPS apple. They expressed contempt for the patent. Said “even if” apple infringed - in other words, apple doesn’t.
And it’s not unusual to point out to the other party in a negotiation that money in hand now may be better than uncertain money in the distant future.
You miss my point, cmaier.
It is not about the legalese (and you probably are right on the legalese, while parsing every word).
It is about public shamming a corporation as to display publicly its true behavior while portraying a holier-than-thou stance.
holier-than-thou: marked by an air of superior piety or morality
[And, yes, the 1,000-strong, in-house, Apple law-staff will always make it painful and likely extend any payment of claims, if any, to the farthest horizon.]
So, I say, let's go to the video! /s