Patenting the design doesn't protect them from being sued except insofar as it gives them a club to wave at anyone who might try (and they already have plenty o

Patenting the design doesn't protect them from being sued except insofar as it gives them a club to wave at anyone who might try (and they already have plenty of such clubs). The main threat Apple would need to worry about would be patent trolls, and having a threatening portfolio is a useless defense against trolls.