What, like rounded corners? Or just because the keys happen to be black? Not so sure your point is valid.
Think you better go back and reaccumulate yourself with all brands' smartphone qwerty keypads that were popular prior to the 2007 iPhone release: Nokia, Sony, LG, HTC, Motorola, etc. They're all basically designed the same way as the BB qwerty keypad. Just because your car has 4 tires and a steering wheel doesn't exactly make it unique. Here's a link: http://www.gsmarena.com/motorola_fire-4386.php
This lawsuit has everything to with a BB-like qwerty keypad that happens to be a third-party accessory for the phone that bascially tore RIM down. BB can go pound sand.
Moto and Blackberry had already gotten into it and I believe a cross licensing deal was in place allowing Moto to use blackberry style keyboards.