I didn't think reverse engineering itself was a violation of a patent? The entire point of a patent is the public disclosure of the mechanism of an invention for the exclusive right to market that invention. Therefore arguing that reverse engineering is a violation of a patent is definitionally incorrect. They should be arguing it's a violation of trade secrets. Of course, they'd lose on that argument too because clean room reverse engineering of a trade secret is fine because you definitionally don't have a patent on it! That's the patent vs trade secret tradeoff!
no, a patent is exclusive right to implement, you can't get around it by reverse engineering
the tradeoff is that it becomes free eventually, unlike trade secrets