But does someone have a patent or design patent that covers the Apple implementation of notification? If not it doesn't matter. If so Apple should have to work around it.
There is a separate question about what should or should not be granted and whether the law should be changed regarding patentability and duration. Now I think the law should be changed and less should be patentable but that isn't the law or the situation now.
Google has applied for such a patent. It has not (yet) been granted, but there's no particular reason to expect it won't be, given the track record of the USPTO. Especially since many of the infringements Apple claims began in the period between application and grant, it will be interesting to see the shoe on the other foot.
It will be interesting. Agree about USPTO track record but I do wonder if there is more prior art in this area, I seem to remember Symbian having some form of notifications which may at least limit the scope of the Google patent.
I'm not familiar with the details of how patent protection is handled before grant. I would guess that licensing fees are not due for the period before grant but that as soon as it is issued you should work around it or pay licensing fees.
Assuming it is granted and no cross license is in place by then I assume Apple would try to work around it pretty quickly. I don't see Google offering it for a fair price as they are more interested in market share and leverage than cash too.
And isn't TouchWiz eerily similar to iOS's UI/UX?