If nokia is behind this than no one will get sued nor should be. If Foxcon is behind this, then it could get bad. I would personally not sue them if I were Apple, I would just stop using them as much. Until we get more facts it's hard to say what will happen.
They won't Sue Foxcon I doubt, not many out there that can really match their manufacturing capacity, but they may have words with them.
Still I am a lil annoyed that Nokia or Foxcon couldn't come up with something else, design is all about giving character really I think, and Nokia can certainly do that and I'm more then sure so can Foxcon.