Think how terrible music would be if it were governed by the world of software patents. I took a year-long course on music history dating back to the earliest known human-made music, and everything to this day is a product of evolutions in music. There were sudden changes in the 20th century, but they only seemed sudden to us because they were adopted from Eastern music and hadn't been heard in Western culture before.
Everyone knows it's a possibility that there could be something completely different than prior art that would be amazing. For example, maybe there's a mode of transportation no one has thought of before that would be amazing. In 2001, the Segway was one such product. But as it's turned out, the market prefers cars and various forms of public transit for the most part. I concede that Apple did something really different in the end product of the iPhone it created in 2007. I remember thinking after the keynote, "Wow that was even better than I was expecting."
But it's also possible Apple created a new category (which I think they themselves have claimed) that is the market thinks is the best way of going about things, whether it's with Apple or not. I am not familiar with patent law, but when you look at cars, they are remarkably similar. When you look at jets from AirBus and Boeing, they are remarkably similar. Many people if you asked them upon landing couldn't tell you if they had been on a Boeing or AirBus plane.
It would be a lot to ask, but perhaps Apple could be happy with having creating a new product category rather than keeping others out of it. In the past when Apple was copied by other companies for their computers, Apple would say the other company just didn't get it and couldn't copy Apple since Apple was not about looking flashy, colorful, etc. It was about integration of hardware and software. And that's still true today. I think the difference in this case is that Apple has had a big share of the market and so they are manic in wanting to keep that and they see other companies as copying them well, rather than poorly when it came to WinTel boxes. With the Mac marketshare, Apple had a sense of resignation already about marketshare to an extent. It's more comfortable to grow from 2-3% upward than it is to arrive to whatever massive marketshare Apple has had with the iPhone and try to keep it. That is a trickier position to be in and would cause stress. It would cause people to say things like "thermonuclear" whereas the Mac situation would cause someone to say "For Apple to win, Microsoft doesn't have to lose." I actually wish iPhones were the Macs of the 90s and early 00s. Apple might innovate more with iTunes and iOS if they weren't so afraid of losing what they've amassed. Instead they're becoming like AOL of the 90s and trying to win on inertia.