I suspect if that really is a possible strategy (meaning Apple's legal team is so powerful that they would clearly beat the shit out of Lodsys's team), then threatening Lodsys with such a move would be a better one. That way, Lodsys would be scared to push too hard on the top app developers, and would back off before anyone gets hurt.

Now, of course, if they actually think they can take on Apple it's a different story. And I don't know enough about how the law works here to know if they could take them on or not.

Your definition of "fun" does not match mine.