Yes it is. And in the Google-Oracle lawsuit, Google tried to argue that Android revenue was zero because they give it away for free and therefore they should not be liable for any penalties. Well if Android generates no revenue for Google, how is Motorola Mobility worth $12.5 billion to them? I think they have just given Oracle's attorneys a big bone.
We don't know Apple's reasoning, but they could have called it 10.6.9 and still had plenty of number remaining (10.6.10, 10.6.11, 10.6.12, etc.) for future updates. I think a better reason is that 10.6.9 is already in the works and these fixes were made to the 10.6.8 codebase, not the 10.6.9 code.