The following commentary comes from an independent investor or market observer as part of TheStreet's guest contributor program, which is separate from the company's news coverage.NEW YORK ( Trefis) -- After Yahoo! ( YHOO) sued Facebook for patent infringement, a recent report suggests that AOL ( AOL) is trying to make it clear that it also has "patent power." The big question is how would AOL use its patents and for what purpose? So far it sounds like the company is trying to keep them for strategic purposes, which it could later monetize them in a sale similar to Nortel's $4.5B sale of patents to Apple ( AAPL) and Microsoft ( MSFT). Or could it file a lawsuit against an existing tech giant in the hopes of a settlement or some sort of royalty like Yahoo!?