[ChuckMcM]

And the problem with your problem to my analogy is that if the court actually felt that way (that the tablets are fair game for copying because they are so generic) they would have simply invalidated with prejudice Apple's design patent(s) in the UK telling Apple to pay Samsung's court costs and legal fees and writing an opinion to that effect. Samsung could then take that (and the money they got back) and pursue similar sorts of decisions in other venues.

[Steko]

It's not a general patent on tablet shapes it's a registered design which covers the actual product itself. Which seems like a better system as outright product pirates will clearly run afoul wheras category copying the general shape etc. is allowed.