But seriously, at this point you can't read anything that Joe Nocera writes without wondering what axe he is going to grind against Apple this time. He even wrote a glowing review of the universally panned "Haunted Empire", he's become so blinded by his dislike of Apple. He really needs to find a new schtick or at least present some more sophisticated nuance.
Also note, Apple isn't suing Samsung over all Tablets/SmartPhones, or all general methods of building tablets/smartPhones, but very specific elements that Samsung just ripped off, rather than inventing their own approach.
Microsoft has certainly been able to develop their own Tablets and Phone OS elements without having to blindly copy the iPhone/iPad - so it's certainly possible.