"They would go for the patent as late as possible" = false. We know they had already applied and been rejected to date.
Here is a link to the patent rejection, there is a long list of reasons down the bottoms as to why it was not different to the existing patents:
https://patentscope.wipo.int/search/docs2/pct/WO2022250731/pdf/sjABVnT_m3v2LD0du-1QcO1-UHMh0xFroz0fWIeym0A
That is not withstanding that the rest of the claims in the patent application were "so unclear that no meaningful opinion could be formed"
Here is a link to the existing patent referenced in the above:
https://patentimages.storage.googleapis.com/13/10/9a/2d4098f4216c51/US8911751.pdf
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