Whether true or not, the location of the band is particularly ill conceived, as it is touched by holding it in nearly any comfortable position, even with the ring finger when held in the right hand and in the left as demonstrated by Jobs himself.
The fact that the antenna is externally conductive is the real issue here, as it has been demonstrated that antenna performance is significantly improved by placing a piece of duct tape or other insulating material over the band gap. It is very clearly, then, a poor design to not have insulated the antenna in a non-conductive coating.
This is not a logic test that anyone should fail. Does the antenna have a conductivity issue when held in the hand? If yes, can the conductivity issue be resolved with minimal impact on design thereby improving performance? If yes, did Apple implement such a design? If no, isn't Apple guilty of releasing a product with an inherent design flaw?
I think the answer is a resounding yes. I also think other smart phones do not factor into the discussion in a meaningful way.