If Lodsys doesn't respond by retracting their letters/complaints, Apple will likely seek an injunction, preventing Lodsys from moving ahead with third-party lawsuits until the status of Apple's current license is determined in court. That's going to take time, however; and there's no guarantee that a judge will grant the injuction.
If I were a developer sitting in the hot seat, I'd feel inclined to delay as long as possible, forcing Lodsys to fight an expensive legal battle with a much larger opponent. Ducking service, while often unfavorable in the court's view, would be a virtually free method of prolonging Lodsys' engagement with indie developers, and would cost them only inconvenience.
And that is how you win this kind of case... by out-waiting/spending the other side.
If Apple does, in fact, gain an injunction, it almost doesn't matter what Lodsys does, as Apple can drag their case out until it's not feasible for Lodsys to fight any longer, or by winning/settling.
If I were a developer sitting in the hot seat, I'd feel inclined to delay as long as possible, forcing Lodsys to fight an expensive legal battle with a much larger opponent. Ducking service, while often unfavorable in the court's view, would be a virtually free method of prolonging Lodsys' engagement with indie developers, and would cost them only inconvenience.