I was surprised that Gruber completely ignored the possible penalty to copying, the resulting lawsuits. His football analogy doesn't really stand up because you can't patent the forward pass, or if you could the opposing team runs the risk of having their win vacated if they implement it too.

The lawsuit and Sumsung's (pending appeal) loss is such a huge elephant in the room that by not addressing it, and the similar fate that the other "losers" maybe trying to avoid, I don't think Gruber really said anything of real substance.