Sorry. But you're completely wrong and even Apples lawyers can confirm that.
Apple attorney Harold McElhinny held up one of the Windows Phone-based devices from Nokia (it's unknown exactly which model was shown) and told the jury, "Not every smartphone needs to look like an iPhone."
-lawyers-highlight-nokia-lumia-in-trial-against-samsung
As for no 41MP sensor, i don't think we need to worry, if you are jumping ship to lumia / wp8. as nokia mentioned, it's the 2nd phase of pureview. I am not sure will there be another phase, as nokia still hv other patent, technology in camera, if it did, the last phase will be the dead of most P&S camera. when u are in camera industry for too long, you tend to not be able to think out of the box, the most they can think, is pixel, zoom, lens.