but at least the legal burden then falls on Apple and not mom & pop app dev. Worst case scenario I'd expect Apple pays Lodsys an undisclosed sum to license the tech for the devs.
Perhaps, but now Apple has contested that their developers are in fact licensed, and that Lodsys has already received what they claim is due to them. Seems like they've found a way to inject themselves into the battle in a way that should bring the fight home to them.