This is not a threat to linux. The fact is the EFF is the one that did the research and has obtained the funding through a foundation just for patent fighting like the FAT.
"the Parker Family Foundation has donated $50,000 so that EFF can set up what they are calling EFF's Patent-Busting Project". [Source Credit: Groklaw]
PubPat is another that is in the fight. Their ( EFF , PubPat ) fight is not just over linux; the patents they fight DO impact many others outside the linux community. Samba does not depend ONLY on FAT !. This re-exam of the patent is being done because the EFF did the homework and rasied real questions about how valid the patent is. EFF has had great success so far, I believe the record is 7 out-of 10 of the patents they fight; get taken off the books.
It is important to fight patents not buy protection from them. Protection will only allow the number of patents to continue to grow. Spend the money to fight patents and any number of them that do come off the books is a win. More fights mean less fights later !.... think future !.