*DESIGN* patents aren't bad, when not abused ... (but isn't that true of most?). And I think Apple is mostly suing Samsung over design patents.
But when used properly, design patents are like trademarks, saying "don't copy my *artistic* work". Though how Apple can argue that an iPhone/Pad/Whatever looks like a Samsung Galaxy I don't know.
I have no argument whatsoever with design patents being used to crush copy-cats. But if the two products are clearly different, then any patent in-suit should be *CANCELLED*. Hey - that might be a good thing - if a plaintiff loses a lawsuit then the defendant can asked for the patent to be cancelled as a part-remedy! :-)