Doubtful that will happen, with one of senior counsels of the FSF already admitting it appears there are hundreds of likely infringements in the kernel of Linux alone.
They didn't say likely, they said possibly covered. You could drive your cat crazy with a laser pointer and it would be covered by a patent (yes, it's true, that patent was issued), and thus that would be included in the list of patents you are infringing on, along with whenever you make a wheel or swing on a swing set (yes, those were issued too). Do you think the patent owners would prevail in court?
I was reffering to the commercial linux distro companies, not the FSF. For example, RedHat might have grounds, based on what is being reported, to file.