I think the key difference is that Apple (probably) built a working prototype themselves before showing it to Foxconn. This way IP rights were completely owned by Apple. Foxconn may have helped tweak it, but the rights still belonged to Apple.

It sounds like both TechCrunch and Fusion Garage have rights to different parts of the IP. So TechCrunch can't go to Foxconn (and neither can Fusion Garage) w/o violating the IP rights that the other party has.