I think that in cases where someone steals intellectual property, like technology, that is where they should sue. If they make a complete knock-off and don't pay royalties or whatever, then sue.
But the Samsung phones are similar, not the same. Some icons look similar. Is it because they copied? Or is is that they wanted it to stand out from the other 7 Android phones on the shelf at Verizon? Is it because they know that "sleek is in"?
Look at cars. For awhile the trend was square and angular. Then the trend was round and curvy. Not is is more sleek and refined.
Markets go through things like that, and I am sure that whoever put out the first "curvy" car to market could try to claim that they "started it and everyone else is copying them", but I don't really think that it holds a lot of water. If something is very popular from an aesthetic, you will see other products take on a "similar" look.
But I don't think that having a "similar look" is enough to justify spending uncounted millions on lawyers and trying to use the legal system in order to block the competition from sales.
Of course, in light of the fact that there is no iPhone 5 imminent, and that all Apple has going into the Holiday season is a tweaked iPhone 4, perhaps that is why Apple is so desperate. I mean, they know that Android sales are crushing theirs worldwide. They know that most of their sales come from upgrades, and a lot of them happen around the end of the year and the Holidays. And they know that this season, they don't have the latest and greatest to offer. They have a mild update to a 16 month old phone going up against the newest cutting edge devices that the dominant platform has to offer.
Is it any wonder that Apple sees no other recourse than to try to use the courts to stop the competition? They saw the writing on the wall. They saw Android walk in and slap them around and take over the market and see no end in sight, and they know that this season they had nothing to even fight back with other than a rehash of their old phone.
Yesterday's iPhone 4S announcement suddenly makes all this legal crap make a little more sense. They are doing whatever they can to stop the bleeding.