There were MANY tablets before the iPad. Nobody's claiming Apple invented the tablet concept or form factor. I claim they did it right by installing a touch and user friendly OS on it, that's what I believe was holding back tablets previously.
Not likely. A reasonable person would not ever confuse that with an iPad. Apple sued on trade dress of the ipad and they lost on their position against the Samsung tab here in the US and most places around the world. It was the iphone that was the key factor in trade dress and how Apple patented the front look of the iphone (which I don't agree with btw), but the fact that Apple was able to make a black rectangle with rounded corners, an equal depth bezel and a physical button at the bottom synonymous with iphone is what really gives Apple the edge going forward. (And actually, as of about last year, manufacturers stopped developing and producing phones that could physically be mistaken for an iphone.) And maybe this is why Apple can't change its design? Everyone has put a patent on all their designs, and I think any reasonable looking phone design has already been patented?