I like the hardware of the SGII I have, and I would prefer the hardware of the Galaxy Note, or the Galaxy Note II.
But also, remove TouchWiz, and still the Galaxy Note II has some very nice and innovative software allowing for pseudo-windowing on Android, as well as "Pen" aware apps.
On a more "on topic" note, this juror is a turkey. As another poster pretty much said "prior art can not be ignored".
"Just to make it clear, the phone that I have is a Motorola Droid X2 and the reason I'm mentioning that is because it is in the record, it was told to the judge and told to the court when asked that question.
And it is of a slider variety so it has a normal keyboard, and for that reason it's not among the 26 accused phones. "
The Droid X2, of course, isn't a slider. The juror probably has a Droid 2.
The more I hear from the jury the more it sounds like they first decided "Apple good. Samsung bad." and filled in the rest from there.
(oh well)
So yeah, I don't buy that argument. Sure they'd prefer if they'd do their own thing, but I'm sure they wouldn't be too mad about if it if all they could use was stock Android (which by the way, they seem to be using in their Galaxy Camera).
If Google is the only one making a cross-license with Apple, then that scenario is even more likely, because the deal would obviously cover only Google's own software implementations, and not Samsung's or anybody else's. So then if a company wants legal protection against Apple, they'd have no choice but to use stock Android. Win for them, win for us. If some decide to keep on making their own custom software, then the legal risk is all on them.