I think all the indie devs that are getting letters from lodsys would tend to disagree with you about whether or not it's a 'real' issue.
I'm not saying that lawsuits don't happen, but they're rare.
The odds are already pretty long for being a successful dev, but if these letters take out 10, 15, or 20% of the would-be successful ones, that's a big deal.
The reason google, facebook, etc... would rather buy startups that are breaking new ground is because it's faster and cheaper than just copying/cloning an idea and building it from scratch - especially these days, when innovation happens much quicker.