The last point you mentioned is the next logical step in the discussion I believe. As things stand, it would appear the company holding the patents is in the right, from a legal perspective, and that sucks for the little girl. However, were now at the juncture to call in to question the limits and extents of the Patent Clause created to "promote the Progress of Science and useful Arts." On which side of the fence does this scenario fall on. Not such an easy question to answer. In what way do patents "promote the Progress of Science and useful Arts" anyways?