>If true, this would completely change the balance-of-power in the Apple-Samsung legal battles.
Don't think that's true. Worst-case scenario is that Apple releases a firmware update that removes the switching functionality and forces the 4S antennae to behave like an iPhone 4 (assuming the functionality can be turned off by software). Patent litigation will then continue as before.
The vast majority (all?) of technical (as opposed to trade dress / design patents) Apple has asserted against Samsung are for software-only features (e.g. spring-back scrolling, slide to unlock, photo gallery swiping) and that strategy has been working well for them.
Even if Apple can get past the antenna patents with a software and/or firmware upgrade (something I'm more skeptical about because, among other things, redesigning your radio interface after release sounds reasonably difficult), that still keeps the iPhone 4S off the market for the time it takes for them to implement, test and deploy the upgrade, plus the time it takes Apple to convince the relevant courts (over Samsung's opposition, of course). Since it is October 10th, that's almost certainly going to seriously cut into the holiday shopping season (one of the reasons Samsung is sweating on their side, too).
Don't think that's true. Worst-case scenario is that Apple releases a firmware update that removes the switching functionality and forces the 4S antennae to behave like an iPhone 4 (assuming the functionality can be turned off by software). Patent litigation will then continue as before.