IANAL, but I suspect it would still cost the targeted developers more than $1000 worth of lawyering to fend of Lodsys in the meantime. Expecting to collect on that requires you to believe that either a) Lodsys won't make good on their threat to sue, or b) that Apple will somehow both intervene and win before they do. It's still going to be easier and cheaper to just give them the money.
