Cause this is how patents and trade dress lawsuits work? If you don't proactively protect yourself you lose. See Robert Keehey's response here: http://www.focus.com/questions/does-apple-have-strong-case-their-trade-dress-lawsuit/ Also see the entire oeuvre of FOSSPatents: http://www.fosspatents.com/ While I personally currently believe the patent (and copyright for that matter) systems are a mess that are the weapons of both incumbents and trolls, I am at least smart enough to admit I don't know enough to judge more than the symptoms I see, not the whole ball of wax. All I can do is keep following sites like FOSSP and Groklaw and try to remain up to date, I have no hope of gaining proactive expertise and no lay person who isn't spending their lives doing so really does. This one is a doozy tho, if you are an Apple hater you will feel right at home: http://www.groklaw.net/article.php?story=20120902120442355 But it's NOT all black and white.