They might be. All of this can be weighed by judges.
I'd be inclined to say: sorry, licensing/selling to companies not in the market is now not possible.
If you need to mitigate risk, insurance companies (etc.) can offer products against patents -- they still have value, just only now to companies actually operating in the relevant market.
And of course, "relevant market" can be read broadly by judges.
Either way, patent law is running amok over innovation, and goverment shake downs and money transfers from producers to rentseekers is a net loss for everyone.
I'd be inclined to say: sorry, licensing/selling to companies not in the market is now not possible.
If you need to mitigate risk, insurance companies (etc.) can offer products against patents -- they still have value, just only now to companies actually operating in the relevant market.
And of course, "relevant market" can be read broadly by judges.
Either way, patent law is running amok over innovation, and goverment shake downs and money transfers from producers to rentseekers is a net loss for everyone.