Some things should be protectable or patentable
For instance Dyson, when they first came out with their cyclon tech it was new and non obvious so a patent should be issued.
As for design patents then people keep on that cars have 4 wheels etc but when a company come out with something like the ABS they should be able to patent the method they use.
However a phone can only be designed in certain ways, firstly you need to be able to hold it to your ear or in your hand in a way that you are not likely to drop it. A screen is always either square or rectangular with or without a keypad. The shape or the phone is restricted by these 2 things alone as being rectangular. Add to that the fact that rounded corners are obvious as they are less likely to catch when putting into a pocket etc, even the first ipod had rounded corners for this reason and I don't remember any case from Apple going to court over others producing an mp3 player with rounded corners.
The iphone is an ipos touch with built in phone, the ipad is the ipod touch made much bigger.
OK we can applaud Apple that the iphone was a great product for what it was if you were willing to pay for it and it forced others to look again at what they were producing and to improve their kit. The ipad was a game changer in that it caused the acceptance that tablets had a place in peoples lives and was for the time an amazing bit of kit for the price, most people had been predicting a price tag of around $1000 not the price that it came out at.
However there is nothing new or amazing on the design side about either of these products, add phone facility or make it much bigger than the ipod touch which they are based on is not patentable.....