OK, the problem I have, is that there are blatant copies out there like this http://www.amazon.com/Capacitive-Android-Unlocked-T-mobile-Networks/dp/B007AXLFOA/ref=pd_rhf_dp_s_cp_1 or this http://www.amazon.com/Wifi-Sciphone-Dual-Unlocked-Phone/dp/B005A7L5WK/ref=as_li_tf_mfw?&linkCode=wey&tag=slioflif0c-20 Those are in violation of the patent. But this
Vaguely resembles the iPhone at best.
If a patent for a rectangle with rounded corners was going to be awarded, it should have been a FRAND patent anyway. Cell phones were trending that way already. Apple wasn't first to market, but they were the most successful rectangular phone with rounded corners.
Everyone poo-poo's Samsung's patents because they are FRAND and they should license them instead of trying to ban imports, but Apple can go ahead and bring competitors to court because they have a slab phone...
As far as the internal memos, and how they "show that Samsung copied Apple" Maybe Sprint should patent having unlimited data, so they can be the only carrier to offer it. Maybe Verizon should patent offering VoLTE on an American carrier. Competitors always analyze their competition, identify where the competitor outperforms them, and compensate. Copying is copying, if the below image was a Samsung, I would say that Apple has a strong case.
It is not, and I do not think Apple has a case. That is just my opinion, and you know what they say about opinions...