Patents on a product's "image" are just as ridiculous as software patents. Apple tried the same thing when they sued Microsoft over the Windows GUI and lost.
'The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]"'
'The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]"'
http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microso...
How is a smart phone any different? This isn't innovation, just desperation.