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Not exactly sure what you're going for, but you sue based on facts as they were at a particular point in time. Transferring a patent or doing a hide the ball move doesn't work so well in court, particularly federal court.

Res judicata is the concept that once a party in a suit has facts determined of a particular situation in one court, that party can't then go into another court and argue the opposite.

Courts may seem antiquated but a reasonable judge will see right through these games.

Rackspace's goal is to kill the patents. The people can move on, but the would need new IP.