Is Apple out of compliance with the license? Perhaps. Is this on my list of the ten thousand things I'm most concerned about? No.
And as for your assertion about Microsoft suing Apple in a heartbeat over a similar compliance issue, I think you don't know what you're talking about. Microsoft, to the best of my knowledge, hasn't sued anyone over the hundreds of MS patents they claim Linux violates. It took Apple a few years to get around to suing Samsung.
In other words, Companies' legal teams are usually subject to adult supervision by their CxOs. They don't just go around suing willy-nilly. Many lawyers see conflicts that lead to lawsuits as failures.
Reality is so surprisingly messy.