I agree, I think Docker is an example on how to almost completely fail to take advantage of being first to market. Redhat, AWS, Google and others were quicker to monetize on docker (the runtime) than Docker the company.
The flip side of that which eventually comes home to roost though is that it means the two are easily confused . If I'm a customer and I can download X or buy X from you, and the two are virtually identical, you better have a damn good story as to what your value proposition over and above the project is.
Red Hat actually arguably only just got themselves out of this. Originally there was just Red Hat Linux, regardless of whether you paid them a cent. The split into Fedora (Core) - the free distribution - and RHEL - the enterprise distribution with paid support subscriptions - is a not insignificant part of why the company still exists today. This transition was not without controversy, and arguably created the space into which Canonical and Ubuntu emerged, but it was a necessary step to disambiguate the project and the thing people actually pay for with its own value prop and messaging around it.
It's somewhat surprising that so many of these companies proclaim they want to be the next Red Hat, but ignore the prior art for how that came to be.
Google did the same thing with Java. It’s up in the air how that will turn out.
Are you posting from the future? Because it isn't after that case yet; Google plans to appeal (given that they filed for an extension to the 25th of this month) the latest Federal Circuit decision to the US Supreme Court and, if that doesn't succeed and end the case in Google’s favor, the next step would be a third trial in the District Court, followed—however that turns out—by another appeal by one side or the other to the Court of Appeals for the Federal Circuit, possibly another petition for en banc rehearing after that appeal, and potentially another appeal to the Supreme Court.