Take a HTC Nexus One (2009)/One X (2012). While they are basically rectangles with plastic/glass screens on the front, the shape of the corner are a distinctive shape, the color and materials used are distinctive. While both are "inspired by" the iPhone they is clearly distinct designs.
In you look at the S in almost all cases where there was a decision point in the design process, the decision was duplicate what the iPhone did. When you have things like the corner ratios being substantially similar, the edging being substantially similar, even the power adaptor and cord being substantially similar then its well over the line "inspired by" line and into "we copied it" terrain.
Hence why one company is being sued for design patents and the other isn't.
The sad thing is with the Galaxy s3 Samsung have shown that they can produce a distinctive phone with its own design language. With the s1 it seems that they went out of their way not to do this.
IMO new entrants into a market usually take the position of "be as similar to a known brand without being the brand" quite often. It is easier to get early adopters that way.
Samsung weren't in any way new entrants to the market place and saying "It is easier to get early adopters that way." is basically saying that they plagiarise the market leader in order to confuse consumers.
In you look at the S in almost all cases where there was a decision point in the design process, the decision was duplicate what the iPhone did. When you have things like the corner ratios being substantially similar, the edging being substantially similar, even the power adaptor and cord being substantially similar then its well over the line "inspired by" line and into "we copied it" terrain.
Hence why one company is being sued for design patents and the other isn't.
The sad thing is with the Galaxy s3 Samsung have shown that they can produce a distinctive phone with its own design language. With the s1 it seems that they went out of their way not to do this.