One more thing, you talk about undercutting other competitors, but whom are you really talking about? In many places cable ISPs are a monopoly. Or maybe a duopoly with a telco that offers DSL. Most people don't have many choices for broadband. Where I live I can choose between 1 cable company and DSL. That's it.

That's Time Warner's own information to their investors. They claim they made $4B in profit off their data services. You talk about their other services, like cable TV, but don't forget that those other services also have their own revenue streams. You act like they are being run purely off the profit from the data services. The bottom line is they have plenty of money to upgrade their network, but instead they would rather implement caps and squeeze the consumer for even more profit.

"If the pursuant has a valid patent the judge hardly has a choice now does he."

But that's exactly the point, most tech people would argue that the patent is invalid because it's obvious. Which is exactly what MS tried to argue. Unfortunately we have too many people in the USPO and legal system that are not tech savvy.