Correct me if I'm wrong, but doesn't that kind of backup Amazon's claims of the term "app" being generic - whether you think those old apps were worthy of the current term or not? I've used the term app for as long as I can remember. Apple certainly did not coin it. Now, if it was for "App Store", as a term, then I could see that.
Yes, it would help show that the term "app" is generic, but that isn't really Amazon's claim. It's a bit more subtle than that. They are claiming that "app store" is a generic term for a store that sells downloadable applications. Apple isn't denying that either "app" or "store" are generic, but rather that the combination into "app store" has specific meaning when applied to the realm of applications that provide a digital storefront to sell additional applications. They might even have a case here, as these kinds of trademark things usually come down to whether or not the public associates the term with a specific source. Basically, it would be considered unfair for Amazon to use the term "app store" if it has a connection to Apple in the public mind, because that would mean that Amazon is technically trading on Apple's reputation. That's what the law would seek to protect, and that might be how Apple could win this case.
What I really don't understand is how Apple can do this due to the face that Amazon won't (and can't) sell any "Apple app store apps" on their store, so they won't be a competitor. For me it's if a company that produces patches to repair bicycle tubes called their product for "band aid", same idea but different markets.
That's not really a fair analogy because, while the Amazon marketplace may not sell iOS Apps, presumably they sell things which compete in the same market (i.e., solve the same problem). The Band-Aid competitors don't literally sell Band-Aids, but they do sell self-adhesive bandages that compete directly with the market for Band-Aids.
Are they actually competitors? Band-Aid sells bandages for people and other people have band-aids for bicycle tires. Apple has an App Store for iOS devices, while Google and Amazon have app stores for Android devices... I'm not saying its obviously one way or the others, but it doesn't seem clear cut to me.