This is all silly though, Apple wasn't making the argument based on Samsung making a touch based phone. The arguments were on very small "inventions" like the rubber band effect and double tap to zoom. The design patent wasn't based on the fact that it was touch based, but that it looked like the iPhone (in shape and color). A weird thing to be able to patent if you ask me, but hey.
http://news.cnet.com/8301-13579_3-57500273-37/apple-v-samsun...