Sure, that point is brought up every time too. It's not new, insightful, or interesting at this point, it's been discussed to death and repeated hundreds of times. It also doesn't prevent the media outlets from writing these hollow armchair-lawyering Apple vs. whatever stories to gain click-throughs, and it doesn't make it any less boring to see them submitted on HN every hour.
Obviously there are still many who don't get it, even here. Until everyone understands what the problem is, it's still worth repeating. We can only declare beating on a dead horse, when the horse is dead. This one is not only alive, but getting stronger. We have a long long way to kill it.
The patent wars around the mobile market are just a symptom of how rotten the whole patent system is.