I understand where you are coming from. I have a love-hate relationship with patents. That said, I try not to pass judgement on such things until I fully understand the story (not saying you don't).
For example, if a technology took ten years and ten billion dollars to develop to the point of it being commercially viable, well, yeah, a patent-protected monopoly is likely the ethically correct privilege the inventors should be granted.
An example (out of many) of bullshit patents and monopolies that should have never been granted are the horseshit patents Color Kinetics got years ago. These people had the audacity to patent the use of pulse-width-modulation to control the intensity of LEDs and make lights that could produce different colors. The patent office granted these people patent after patent. Once they had enough they started to attack the entire LED industry. Philips ended-up acquiring them. They let the industry know they would not enforce the bullshit patents. Still, the crooks took their thievery all the way to the bank.
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As for the relative cost of LCD's vs. E-ink. I think the primary difference is very simple: Volume. I haven't done the numbers, but I think I can say that the LCD industry is at least 1,000 times larger in volume. It's like the LCD vs. OLED comparison. Volume is king.
Another element is the tooling-up for manufacturing. A modern LCD manufacturing plant runs in the billions. Two billion dollars the last time I checked, but I haven't been in the industry for ten years and have lost touch. You are not going to take a multi-billion-dollar factory and slice-off a corner to make e-ink displays. These factories are highly automated and tuned machines. They are designed to make millions of displays per month.
This means that making e-ink displays requires putting-up a specialized factory or retooling an old LCD factory that might no-longer be competitive for making LCD's. Regardless of the approach, this is likely to be a very expensive undertaking. That, coupled with lower volume, is guaranteed to translate into higher prices.
Disclaimer: I was in the high performance display business for ten years. Exited a decade ago. So, yeah, I am a little disconnected as to the latest and greatest and what might be new in manufacturing. That said, I get the sense that material changes haven't been as significant in the last ten years as they were during the prior ten.