I don't think Jerry spent any energy to negotiate with UE about the patent, because he new active crossovers did not give any benefits on his setup. As his own words he doesn’t thing that he had to give anything up because of the UE patent, he just did it in an other way. So many people here seams to think that he lies about this and I can't understand why since the great thing with an active system is ALL the possibilities the DSP gives. I think he used the "patent argument" to get away of his own selling argument that active crossover was the "thing" after he realised it wasn't so. It might have been easier for him to say to the pre orders that he where not aloud to go with active crossovers then that he was wrong about the great benefits. I don't think he implemented the active crossovers in the first version wrong since that is actually the easy part, it could be done with any oscilloscope. Still those who have heard both the system thinks that the passive crossovers system sound best even though Jerry did not have any problem with the active crossover on the first version put with amplification and hiss.
If you are the creator of a product. And something falls through and you intentionally or unintentionally led people who pre-ordered your product to believe a certain type of technology would be implemented when you didn't. Would you claim that, "Oh well, I know it's not AS good." That would lead to a fiasco, and obviously he would claim a certain statement that benefits him. Whether or not it is better or not, I cannot say for certain, but from what I have read active crossover in terms of transparency and other issues with passive crossovers offers a clear advantage.