IANAL, but I have a vague memory from a patent talk. So, I can't disprove you, but I can remain more skeptical of your claim, unless you're an IP lawyer -- in which case I'd assume you know something I don't.
Regarding the semantics of "lose" -- why does it matter in any discussion of real-world actions or motivations?
Even if I don't lose something, if I do things to erode its usefulness, I've essentially lost its functionality. Therefore regardless of whether I legally lose the thing or not, I'm going to resist doing things that (possibly) reduce its effectiveness -- the result (in terms of my actions) is the same.
