I doubt this really say as much about the merits of Lodsys' case as the EFF proclaims. This is simply an economic decision. As I'll explain below, I think they have a relatively strong case. But going to trial is expensive for both sides, and I think Lodsys simply sees insufficient margins in seeing it through. The problem, as the article says, is that even getting to the stage where you can call their bluff like this is extremely expensive, and statistically very few defendants will take it this far. So for the few folks who do stick it out this far, Lodsys can simply drop out and still stay way ahead of the game.

As to why I think their case is somewhat stronger than the usual troll: Firstly, it's patents partially survived Google's supposedly "devastating" re-examination request. Although the process is still ongoing, the claims that survived are golden. Those now have an "enhanced presumption of validity", which means if asserted at trial, the defendants would be wise to seek stronger alternate defenses besides invalidity.

Secondly, and speaking of alternate defenses: patent exhaustion. Exhaustion is triggered on first authorized sale [1]. I really cannot (and neither can the EFF) comment on this since all the relevant terms on which Apple, Google etc. have a license are secret. Further, since Apple was not allowed to intervene, it seems even less likely a defense.

Thirdly, the claims are "vague" only if you decide not to put much effort into understanding how they work. Much like non-lispers complaining about parentheses. I have seen vague claims, and these are downright straightforward in comparison, despite what the EFF's out of context snippets may imply. Also, mentioning fax machines is a non sequitur. If the main function of fax machines in this patent was to act as network components, by the Doctrine of Equivalents [2] they are functionally equivalent to the Internet of today. Heck, it could be carrier pigeons and still be valid. This is not an abuse of the system, and if you want to make it so, you'd need a lot more reform than is likely to happen.

I cannot comment on the quality (novelty, non-obviousness, etc.) of the claims since I have difficulty evaluating them in context of the state of the art in ~1992, to which these patents claim priority.

(IANAL. Which may also be why I think one solution to this problem is a drastic lowering of attorney fees :-P)

[1] http://en.wikipedia.org/wiki/Exhaustion_doctrine

[2] http://en.wikipedia.org/wiki/Doctrine_of_equivalents