I would define it as: using any kind of patent in any kind of litigation. Pretty unambiguous. It would only work if the treat applied to the members of the pact themselves too, though, as a measure to prevent bulling.
But maybe a better approach would be to find a loophole in the patent system, in the spirit of Copyleft. Note how actually the patent law letter is abused to the exact opposite of it's initial intent (foster innovation). We need a symmetrical hack to reverse the situation.
I wouldn't be surprised to discover that RMS is thinking about it right now.