Your argument is a strawman as far as the Galaxy tablet is concerned, and completely missing the point for the Galaxy Nexus phone. Apple isn't "sole owner of the form factor" and has never made any claim they are. Apple has a design patent, which is for one specific design, consisting of many elements that all need to be copied for infringement, and the Galaxy tab seems to have copied all of them. In Germany Samsung released a modified tablet with the exact same form factors, but some design changes to stop it from infringing on Apple's design patent. (That's the definition of a "strawman" argument: You claim that your opponent made some argument and refute it, when the opponent didn't make that argument at all).
For the Galaxy Nexus, that case isn't about design or form factor at all. If the Galaxy was shaped like a twenty inch football, it would still be infringing.