I'm not a lawyer, but I have to wonder if EFI (especially with the BIOS compatibility layer) is considered to be a BIOS in a legal sense. The only way I can imagine this would be is if they somehow convinced a judge that BIOS = firmware. This unfortunately isn't too far out of the realms of possibility as it would most likely be a jury trial (uninformed masses) and even a lot of Techs I know call any firmware a BIOS.

I do have to wonder how much they are asking for this patent, if they are looking for a small amount apple is likely to just pay them off as they have done in the past. No use spending $250k in legal expenses if they are just looking for $100k for a perpetual license.