Presumed Valid
What’s discouraging is that it’s clear, despite hopes to the contrary, that Apple has no philosophical problem with software patents whatsoever. Indeed, in the Lodsys case, it’s not trying to invalidate the junk patent; it’s asserting that Apple’s license of the patents covers its use by third parties. The instinct may well be in their corporate DNA (and that of other large tech companies) that patents are a critical strategic asset, something to be amassed and protected whenever possible. That MacroSolve could patent electronic form submission, in 2003, seems not to bother them. Patents are, apparently, too important to be doubted.
I, too, was disappointed in Tim Cook’s answer.