And the patents ARE being used defensively as in "We will defend ourselves using our patents from you copying our research and development efforts"
And the vast majority of the patents are for things other than the physical look. For example the data detector patents are from old Mac OS and Newton tech, way before Google and Motorola even started work on Android. (Admittedly I think blocking import of a phone over a data detector patent is crazy, but thats the way its played out)
To violate a "design patent" you need to hit ALL the things in the patent, not just "its black with rounded corners". But on the other hand, to violate a "utility patent" you just need to hit one of the clauses.
So anytime you hear that Apple (or anyone really) sue someone over a design patent, then its usually because (they believe) of blatant whole-sale copying. Like your own lawyer not being able to tell the difference between Apple and Samsung's devices when the judge holds them both up.
Not to mention that Motorola's patents were committed to various standard's agencies (including the ITU) as FRAND, now Google/Motorola and Samsung want to go back on that commitment because they have no other defense against Apple's non-FRAND patents. "Do no evil"... Right.