Honestly Apple sounds like a little kid saying "oh yeah, well my dad is cooler than your dad so there" Really, all they needed to do was put the footnote there, no one will read it, no one will care.
Actually it is not like that at all. It is like quoting the judge of the high court who said essentially Samsung did not infringe because their product is inferior and not as cool.
Apple smartly turned this into a marketing opportunity which will undoubtedly earn then 10s of millions of dollars of free publicity (thus negating any ad costs they have to accrue) while also pointing out clearly Samsung is a thief and rip off artist just not a good one.
Even when Apple loses one of these cases they end up winning.