Until recent updates, Google branded devices didn't enable multitouch by default. That changed shortly after Eric Smidt left the Apple board and all the Nexus One's got multitouch turned on in an update.
Perhaps Apple will sue Google now?
(just a guess - I personally would prefer AT&T sue Apple for 'stealing' their 1960s multitouch technologies for pinch and zoom)
But maybe that would tip people off to how screwed up the system is...