Apple's the one trying to claim the high ground here and Apple's the one going on the offensive with their design patent suits so it's only right that we hold them to a higher standard.

This is the same reason that the iPhone 5 and iOS 6 are receiving so much criticism. When you strut around in public trumpeting your deep cultural devotion to innovation and use shaky patents to get competitors products yanked off shelves you damn well better walk the walk.