Do we really need all of these replies discussing the legality/morality? We get the point -- you're all a bunch of stand-up citizens.
You clearly didn't read the original post: "While nobody can blame them for what they're doing, we can blame the patent system and the entire process that goes with it" The system is the problem - not Apple. The system is what needs to change.
Who said anything about Apple never being sued? Even bullies can be bullied. The bottom line is that as long as the laws remained unchanged, they're all well within their rights to do what they're doing.