Well, he wanted to destroy it.
"I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." - Steve Job's
This is the sort of bloody minded liabilty of actions that had him sacked the first time. Who is to say that the board would not have had to remove him again? Especially if the recent iBooks and patent penalty issues are anything to go by.
But like you say, we will never know.
I read the email Steve sent. Since Steve wasn't around to be questioned, the Feds are just looking for scapegoats and since Apple has a ton of money, they just want to find ways to get more of it, since the Feds are too much in debt. I think it was BS. The industry, like ALL industries have to go through their pricing models to figure out what's best and fair for all parties. All Steve wanted was to make sure they could get 30% margin, which is COMPLETELY reasonable and that there was an equal playing field as to how much the retail list price was and that no one was leaving money on the table and that it was priced properly, what someone sells a product for in the end is up to those that are in charge with how much is being charged to the customer.
If you recall, the music industry had no idea what to charge for MP3's in the beginning. Apple wanted to charge $.99. Well, what's the average price for an MP3 now? They have creeped up to $1.29, $1.39, etc. The problem is that everyone wants their fair share and the consumer wants to pay less. Artists want a decent amount of money, just like the record labels, record distributors, the resellers, etc., etc. etc.
I still buy physical CDs because I want uncompressed audio files. But books? It's a different beast in some ways. They range from a couple of bucks to hundreds of dollars for a book.
I think the judge was wrong, he was the only decision maker in that trial and I think they launched the lawsuit since Steve isn't around to defend his position. Remember, words and sentences can mean different things to different people. Sometimes you need the original author to be questioned as their intentions.