So far, Samsung has lost in every court on that claim. . . Apple did not sue based on the shape, they sued on the trade dress and Samsung DID infringe the design patents, even copying the charger, the cords, the box, and even the advertising. There was a 125 page internal memo from Samsung management to their design engineers explicitly telling them HOW they wanted each thing to look like and work like an iPhone. Smoking gun evidence. Hard to refute when the management kept telling their engineers to copy the competition.
For example, these 30 pin cables from the first Samsung Galaxy S:
And the box from the iPhone 4 and the Galaxy S:
And the charging brick from the Samsung Galaxy S compared to Apple's Design:
Samsung copied so much. . . as for all cellular phones and design, consider this collage of Cellular phones before iPhone and after iPhone and use your head for something other than to keep your ears apart:
Cellular phone design before the introduction of the iPhone in January 2007,
then phone designs after the iPhone introduction