It's not like the shape was something that was unique. Anyone who saw a Palm Pilot almost a decade before saw how the iPhone would eventually look and work. The only real differences are the physical shortcut buttons on the bottom became part of the touch screen, the color, and the wireless/phone connection (which was the next logical step). Hell, anyone who saw Star Trek knew how these devices would eventually look. When you're building a device where the physicality is trying to be as minimal as possible, there's only so much you can do. Screen, a small frame, and maybe a button or two. Nothing is going to change and nothing really should change.
On the whole, Apple was simply the first to say, "Yeah, we can build this on a large scale" and come up with a brilliant touch screen. That deserves credit (and they're getting that with buttloads of cash) but not exclusive rights to the general device category for all of eternity.