MPL/CDDL patent provisions

[Jason White]

My earlier post was rather long, disorganized, and contained a mixture
of comments and questions. My main question, however, concerned the
interpretation of MPL/CDDL clauses 2.1 (b) and (d) and 2.2 (b) and (d)
in the cases where, assuming the Initial Developer or a prior
Contributor to have patented an algorithm and implemented it in
covered code/software, a later contributor

a. Rewrites the implementation of the patented algorithm, or
b. Contributes a new module which happens to implement the patented
algorithm.

If anyone has thought about this and would like to share their
observations, these would be most interesting. I am not looking for
legal advice - I'm just interested in the issues (no obligation of any
kind intended of course).