There is clearly a long way to go concerning this debate. Commercial companies rarely embark on this kind of legal action without being sure of their position.
As a newcomer we'd also like to mention 51Degrees.mobi did not use WURFL as a basis for our new products. A different data structure and vocabulary have been used.
51Degrees.mobi provides a solution for those seeking alternative mobile device data and APIs free for commercial use, licensed under the Mozilla Public Licence. http://51degrees.mobi/Products/DeviceData.aspx.