I think it would funny to see Apple sue Motorola, after they (and IBM) supplied all their CPUs for their computers for a decade.

Multitouch is important though, especially on a device like this without the dedicated zoom buttons like the n800. "Pushing" fake buttons on screen isn't as intuitive as using gestures(or the hardware keyboard). Given that this is a high end device, there would be no reason not to have multitouch other than the patent issue.

It really all comes down to hte CPU though. The Samsung Galaxy and the HTC Hero are both useless because they have obsolete CPUs.