Patently Apple is reporting Apple is being sued for patent infringement with their new line of Macs. Specifically:

“A method for fast booting a computer system, comprising the steps of: A. performing a power on self test (POST) of basic input output system (BIOS) when the system is powered on or reset is requested; [..] C. storing the boot configuration information from execution of the POST operation before loading a graphic interface (GUI) program, based on the checking result; [..]”

Apple computers don't have a BIOS, and configuration data is stored after the GUI launches.

Apple has infringed many patents, but this should be dismissed on the grounds of dumbness. Is that an admissible legal defence?