Well, following a lot of US companies like Microsoft, IBM or others, they might consider it.

On the other hand a battle in a very "Technical Arena" would easily unveil a lot of details about the not so superior position of the iPhone compared to (not only) the N95 in many aspects like its connection speed and Mobile Generation.
And since the Nokia software is primarily based on Open Source components contributed to the Symbian community, this may seem a lot more like another "Open Source vs. Commercial Proprietory Stuff" war similar to what Microsoft is constantly fighting.

The fact, that Apple has been not only critisized, but also lost a lot of its legal fights regarding the exclusivity of distribution via only 1 Mobile carrier on the other hand sure won't add to its credibility and positive image on this issue either.

Of course, America and the UK seem like the only countries in the world, where this "COMMUNISM" or Stalinism in forcing just one choice and vendor onto consumers works and is legally justified.
So it may not be Apple, Microsoft or Google alone to blame there, but more the countries and systems that made them grow.

In the land of Linux and backed by at least the EU, Nokia may not seem to fear much, but at least in American or British markets and courts this may be seen as a potential legal loophole Apple could find worth exploiting.