I think you need to understand the situation a little better. EFF is not suing the patent holder; the patent holder has nothing to lose in these actions except

I think you need to understand the situation a little better. EFF is not suing the patent holder; the patent holder has nothing to lose in these actions except a valid patent, and EFF has nothing to gain except insofar as invalidating the patent is in the public interest. The analogy to a class action lawsuit is not a good one.