Once again Apple's legal team takes shortcuts and alters things to suit their needs. First off we all know that product designs can take 18-24 months from creation to launch and the I700 (silver phone lower right corner pre-iPhone) was a 2003 launch so saying it was a 2005 phone is way off. They of course are selectively showing Samsung Windows Phones at the time which Android did not exist and thus their focus was dictated based on technology trends at the time. Android came along and was focused on touch based input so designs evolved over time. One thing is for sure a lot of HTC, Dell, Palm, Motorola etc. devices evolved as well.
That makes no sense. Samsung doesn't get off the hook just because Google created Android. If you had a moving company and unfortunately ran out of trucks to complete a job and someone came along and offered you free trucks to use NSA with the condition that s/he is not liable for anything that goes wrong and you use them but discover that the trucks were stolen then too bad. You're on the hook. Perhaps Samsung should have insisted on legal indemnification before shipping these phones*.
*Not that it would completely help since it was Samsung's bright idea to mimic Apple's packaging and create Touchwhiz