Yes, but a company does not need to clearly state a patent. They can, however, initiate a lawsuit once they find you using their patented design. Trust me (especially with Apple), unless they tell you that it’s publicly available, it’s not. Apple calls it, “Intellectual Property”.
I’m not sure, but they don’t have any copyright notice in the template (wp-layout.css). Maybe if you use enough of your own makings (heading and others) i guess they won’t bark at you. I agree it is a nice basis, and derivative works are allowed, aren’t they?