I would suggest we are not even talking about software patents but design and dress patents. I dont really think you can compare low level kernel algorithms to a visual design and dress patents. So to me thats an unfair comparison. In fact according to to other documents Ive seen, these are all dress patents being argued over.
Usability is technology. In every case in the document, it's, we got it wrong, the iphone got it right, let's fix it. Not, let's copy the look and feel of the iphone, it's purely a usability comparison not a style comparison.
