It's worth noting that Apple won on "rounded rectangles" as they applied to the iPhone (instead of the iPad). That certainly complicates any attempted workarounds.
[but if anyone knows?]
[1] http://upload.wikimedia.org/wikipedia/commons/thumb/0/04/Dom...
The software on the Apple side could not be placed into the processor on the prior art and vice versa. That means they are not interchangeable. That changed everything right there.