Here's my two cents: the Fascinate offered me features the iPhone doesn't: expandable memory, open source compatibility, replaceable battery, and potential support for flash.
This makes the Fascinate an inherently different product. Apple's device is primarily designated by it's singular face button, and metal back plate with an etched logo.
Touchwiz UI uses a similar grid view, and app drawer - so what? Most droid phones have these similarities, are they expected to come up with different geometry for icons, and user interfaces? There's only so many primary shapes, and square makes the most efficient use of space in grid view.
Apple doesn't 'own' grid view.
Apple doesn't 'own' icon geometry.
Apple doesn't 'own' gorilla glass
Apple doesn't 'own' phone geometry.
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