I'n not sure of your entire point here.
The mere fact that the word "linux" appears in a patent is meaningless.
It better happen fast, because one thing about patents is that THEY EXPIRE! Remember the .GIF patent and the patent on RSA encryption? All water under the bridge now.
Of course I *DO* realize that industry will undoubted lobby our corrupt politicos to increase these limits (as they have successfully done with copyrights) - but permit me my fantasies!