The interesting part is that Lodsys of course knew this before acquiring the patents from Intellectual Ventures, and here's the catch...
"Even if Apple believes the patents wouldn't stand up to reexamination, it is suspected that the secret terms of the license agreement with Intellectual Ventures prohibits Apple from attempting to have the patents invalidated."
"Even if Apple believes the patents wouldn't stand up to reexamination, it is suspected that the secret terms of the license agreement with Intellectual Ventures prohibits Apple from attempting to have the patents invalidated."