I am certainly not a patent lawyer, but the lawyers don't make the law. Look toward Washington. Judges are supposed to interpret what Washington does. Most of you know what GIGO is.
If smph is patented, I assume Lionel could use mph. There might be a couple of people who would look at a handheld showing mph and look at a train on their layout and say "it doesn't look like it's going the same 60 mph as when I'm in the car", but those fools are best left to their own devices.
