The most important features of the new UI are the behavioural and conceptual changes.
Not the icons or the hues. Those can and will be fine-tuned easily in upcoming versions, just as OS X went from lickable glowing candy buttons, pronounced stripes and metal windows to today's look.
There should be no better argument that software patents (in most instances) are idiotic.
No one is arguing that this sort of copying is wrong. Instead, they are merely identifying the inherent hypocrisy and irony in Apple's actions over the past year.
I agree that patents are imbecilic and Apple v. Samsung was one of the lowest points in the industry's history, but it just seems absurd that Apple can lament how other's have "copied" them, only to turn around months later and "copy" wholesale many features from other platforms.
Can Apple take elements from Windows Phone and Android? Yes, that is reasonable and benefits the industry as a whole. Do I, as a current Apple user, benefit from this process? Yes; good design trends make for a better experience. Does it seem dickish? Yes.
They're living up to the motto of great artists stealing. It's done in every industry, and it's done by great designers. It's a myth that great designers don't 'steal' constantly, of course they do. Ditto great musicians, and any other artists.
While Apple winning 600M on the same argument?
In the past I managed a few remote Windows Servers, and to keep from confusing them, I gave each a unique desktop background colour (a pleasant pastel shade) for no reason other than to keep them visually distinct.