Well, how do you prove the patent is broken? You may use official documentation, original source code, maybe disassemble?

Depending on how the patent applications were filled, it may be very difficult not to brake any patent while designing any type of device today.

Big corporations have a long history of filling applications that are almost equal to the general idea (or trivially different). You may check the IBM patent used to pin down Sun Microsystems over RISC?

In this particular case I can bet that is the case. It would be very interesting to see how they have proved their claims.

EDIT: I don't like Apple because of it's business model, but I dislike patents even more.