Which is when Apple goes nuclear on everything and everyone. Not even counting the PR backlash against Samsung.
For me, I sort of hope it does happen, as that would free Apple to take the gloves off, take out the trash, and move on.
They can't stop others from using a standard that is necessary for proper function of the phone. It won't stand if they do file suit. Just Motorola and their 3G crap in Germany.