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I don't get your reasoning here. Actually, I do, but it doesn't make sense to me.
Scenario: The '148 gets revalidated. The '336 is deemed invalid based on prior art or whatever, and thus the '336 is free to use. It is being used (exclusively) in conjunction with the '148. Does it matter that the '336 was invalidated? The '148 is valid and being infringed.
IMO, it wouldn't even matter if function of the '148 was totally dependent on the '336. The '336 could become a "non-entity", owned by no one. The '148 would remain. The '148 as a separate and distinct "idea" would still be there, even if patent rights to the "idea" of the '336 evaporated.
Thoughts from this view?
SGE
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