Exactly right. Trolls try to extort money after the fact. Mr Johnson licensed his idea to the toy company before they started producing it. Lucky for him, his agreement granted him 2% of any 3D product that resembled his invention.
...but he had to patent it before he could license it to him. Between patent and licensing could be infringement. Then he'd be going backward to extort money, right?
Put another way: if the laws are changed to prevent backward "extortion", what incentive is there for Hasbro to license in the first place? Why not just let him come in with the patent, and then willfully infringe? And how do you tell the difference?
