[gpm]

Let's assume your pessimistic case is exactly right, so what? He's allowed to sue one person who is breaking the law while not suing another one. He's allowed to eat the console slice of cake and complain to the courts that the apple slice of cake had the wrong color icing even if they both have the wrong color icing.

He's also allowed to believe that there is a stronger case against Apple and sue them first, and then sue the other people later if he wins the first suit convincingly, which is what I personally suspect is going to happen.