Perhaps, but Apple is not under any obligation to license the Lightning connector. Apple did not apply for SEP for Lightning. If an accessory vendor wants to use Lightning, they have to abide by Apple's terms. If Apple were granted an SEP for the Lightning connector for say data syncing (ridiculous scenario), then all cell phones would have to include the Lightning connector if they wanted to build in wired data syncing.Hypocritical of Apple to protest a licensing model that is identical to its own for iOS accessory makers. Apple, too, charges a percentage of the wholesale cost of accessories that utilize or accommodate any of Apple's proprietary connections.
What goes around, comes around.