I've just hoofed this quote off Gizmodo because I can't be bothered to write it all out myself.
"There's also a clear distinction between [the great patent wars], which concerns actual, literal patents Apple owns, versus the more general, in-the-ether ideas Jobs references [when using the Picasso quote "good artists copy; great artists steal"]. The Picasso quote speaks to the idea that innovators borrow ideas and an incorporate them into their own work: in this case, he meant that Apple's designers and engineers took all manor of life experiences and used them to make Apple products fresh and innovative. As opposed to the "stealing" he referenced in the press release, which is literally taking a patented technology that somebody owns."
So it's a diference between "stealing" (taking and making your own, i.e. taking an idea and making it better) and "copying" (straight up copy with no original thought on the part of the copier)
Apple don't claim to be the original smartphone maker. They pay Nokia a percentage for use of patents that they use. They pay Microsoft a pretty healthy chunk too.
I had a Palm device back in the day. There are similarities but they're not the same, while Android looks like a cheap knock-off of the iPhone. Everyone is taking issue with the whole "boxes with rounded corners" patent, but that is the legally patented system of displaying an icon on the iPhone. It's something which makes the iPhone display distinctive. Samsung didn't need to do that. They could have used a method similar to RIM (or Palm) where the icon was stand alone pictures in varying shapes, or they could have done circles, or even boxes with square corners, hearts, flowers, whatever. They chose to use exactly the same design for regular icons as Apple, presumably in order to look as much like an iPhone as possible. This is a pretty good example of why it's a design knock-off while this is the Palm Pre in comparison - similar definitely, especially in layout - a grid is a grid and no one has tried to patent that, but there is a big difference in icons.