It's not the local grocery shop around the corner with the rotten produce...
[1] http://en.wikipedia.org/wiki/Home_depot [2] http://salt.claretianpubs.org/shake/1999/09/ss9909.html [3] http://www.mongabay.com/external/wsj-home_depot.htm
Most of the people buying smartphones can'e even spell "patent".
Here, if you're old enough to remember, try this one:
"Of course Microsoft didn't care that a lot of the top talent wouldn't work for it for decades."
Doesn't sound very convincing, does it? Microsoft was badly hurt by that, and knew it. It eventually reined them in noticeably, and made them act more subtly or covertly a lot more often.
Apple will take time to see the damage, just as Microsoft did. But it will see it, just as Microsoft did.
Success isn't related to having top talent.