There seem to be three parts: 1) Are PRC and Apple morally wrong for enforcing and not fighting patent claims? 2) Should patents work in a way that incentivizes PRC and Apple to behave this way? 3) Irrespective of (1) or (2) what can be done? (1) The answer to this is somewhat ambiguous for any company with investors. Sure, I want my companies to behave in morally responsible ways. On the other hand, there are hundre…
There is no moral justification for patents. Period. There can be no actually moral argument that says "you are not allowed to think of the same thing this other fellow did and then trade it with someone." Patents are a form of feudalism. The very word "patent" is rooted in feudalism, where it used to be "land patents" that were granted to the landholders in the middle ages.
Patents do not disallow you to think of certain things and they do not disallow you to share those thoughts. They only disallow you to implement a specific solution to a specific problem, for a specific period of time. Patents get struck down for being too broad.
If having to be struck down is the problem, then look at the justice system, not the patent system.