Fast forward to the year 2011, Samsung and Apple are in a legal fued, Apple wants to limit the rights to global tablet sales around the world due to a design patent. But the clever lawyers of Samsung say, no one should own a patent to tablets, and the design should be considered 'prior art' due to the clip up top.
In the ugly, ugly world of patents and patent lawyers, basically who ever gets to the courts first, WINS. But, then laws and fighting and injunctions happen. So, in the end if you can't claim it and want to sell your merch and hate your competitor, then claim somehow the idea was already THUNK up.FYI: Toast is actually patented.