http://news.ycombinator.com/item?id=3334437
suggests that the home button was copied even though " They changed white square into a white rectangle and that's about it." So change of shape isn't enough to maintain originality.
In Russian we have a saying for such cases - "one's desire to climb up the pine without getting the one's ass poked/scratched by the needles".
The difference between flush and inset is qualitative, and even conceding that point there are significant design differences.
I guess, ultimately, I don't know what to say about all of this. Minimalism has been a trend for quite a while now, given how many products (including many of Apple's) that display it. Is Apple one of the trendsetters? Do they make beautiful products? Absolutely.
But all this patent silliness about getting each others' products banned has just got to stop. Every penny spent on it keeps them from hiring engineers to make something even better than what we have now. I don't like seeing Apple's products banned for using a Motorola standard any more than I like seeing the Galaxy Tab banned for being too minimalist. If they had any sense, they'd call off the lawyers and settle with each other before they waste any more money.