Let me rephrase your statement.
They need to release it in September. Actually they should have released it at the same time the Samsung Galaxy 3 was released. But Apple is too worried about banning a Samsung tablet that was already replaced with a newer model which in turn has been thrown under the rug by the Nexus 7.
I don't follow the logic. Is that another one of those "Apple can either utilize their lawyers or their engineers, but not both" lines of reasoning?