In this very particular case you're right, as far as I understand the situation the infringing Gallery app is a standard Android app.

However, why did Apple focus on Samsung? Yes they are #2, but could it also be how the original looked imitated an iPhone, e.g. http://www.edibleapple.com/did-samsung-make-last-minute-desi...? Compare these looks with a aMotorola Droid 3.