Apparently that doesn't matter, though. The court case is now about the two witnesses arguing about if the iPad is a unique design separate from all other web tablets, or if it is just a natural progression which anybody would have come up with.

I think what this post is arguing is that it was a natural progression, since others were on the same path at the same time.

I tend to side with Apple, but reading that testimony their witness/expert seems to be grasping at straws in some parts.