Comment 6 for bug 716177

IMO this is a valid point, but it would be very confusing if the titlebar buttons in the panel corresponded to the non-focused window whilst the menu in that very same panel corresponded to the focused window.

I think the best solution might be to adopt Andrea Azzarone's idea and move the menu bar of unmaximised windows into their own title bar: http://www.webupd8.org/2011/02/unity-mockup-menu-integrated-in-window.html

That way the unmaximised, focused window would have its own controls, menu and title whilst the panel would continue to serve as the title bar of the unfocused maximised window, maintaining grabability etc.