Not to be super pedantic; but they aren't suing Apple. They've filed a motion with the USPTO to dismiss Apple's trademark filing under the grounds that it's to

Not to be super pedantic; but they aren't suing Apple. They've filed a motion with the USPTO to dismiss Apple's trademark filing under the grounds that it's too generic of a term to be trademarked. I tend to agree with them, as even though I don't honestly remember anyone referring to a store selling applications as an "app store" before Apple, it feels about as trademark'able as registering "shoe store".