Apple seems to be doing both, actually: innovating and litigating. The two aren't mutually exclusive.
Look at what Siri has done to the industry, for instance. Look at all the interesting (and timely, such interesting timing!) industry news following Siri. Again, Siri happens to be on an Apple product.
Besides that, take a good look at what went on at CES. Apple's influence is palpable - the MacBook Air situation being just one example. It's interesting that the biggest player at CES wasn't even there. Never mind Apple's current innovations, the industry can barely keep up with Apple's past innovations. THe iPhone 3GS, for instance, still outsells a lot of newer Android models.
The industry is following almost in lock-step with Apple, and are apparently using Apple's R&D department quite liberally. I'll grant that to some degree Apple probably feels quite flattered. But at some point that has to be put aside and a real look has to be taken at the material (and brand-related) ramifications of allowing some (or in this case, one) of the biggest thieves in the industry to operate unfettered.