[cyphar]

> However, in such a world I don't think the courts would approve of this 'hack' and kill the enforceability of these clauses precisely because they render patents useless.

I believe that contracts that terminate if you sue the other party are fairly standard, and in court these licenses would be considered fairly similar to those contracts.

I don't really know what a court would say, but if I sign a contract that says "I will not sue X for any patent infringement under the condition they don't sue me for patent infringement" I would be surprised if a court found that contract unenforceable. The right to file a patent suit is not a fundamental human right after all, why would signing it away not be possible?

[IANAL]