Earlier quoted context omitted.
Not believing in software patents is unlikely to change a court's mind. Instead, support formats that are royalty free from the start - Vorbis, Opus, and Codec2, for example.
The major trouble with patents, and the thing that puts them in a special category of nuisance all of their own, is that it's fundamentally impossible to know that a thing is unencumbered until each particular claim to the contrary has been hashed out in court, at ruinous expense. And there is no legal proscription against patent owners letting you think you were safe for years, and then popping up to cream off the f…
One noteworthy exception, which plays a much bigger role in slower-moving industries, is that an exact copy of something sold over more time than the pendency of any patent in existence (mostly less than 23-24 years) is clear. But the larger point holds. Comparing patent claims to products and prior art is hard and expensive.