As an example, in the recent Apple v/s Samsung, if it weren't for Apple, we would still be dealing with shitty Nokia, Samsung and Sony Ericsson phones with crap OSes, no decent applications, and the phones would be anything but smart - because there was no need to improve. Once Apple made everyone lift their game, their strategy has been to sue all large players aggressively to ensure they can't implement the things that Apple used, no matter how trivial (eg. the green telephone icon). On one hand you can argue that a "slide to unlock" was not done before on a smart-phone and deserves protection. On the other hand, you can argue that it's a very obvious solution for touch screens and someone else would have easily come up with it. You could also argue there's prior art (but that's another story). So ... In this instance, did Apple drive innovation? Yes. Was it necessary for Innovation? Maybe. Would the innovation have happened if Apple hadn't driven it? Not any time soon.
In my view, your definition needs to be tighter to cover scenarios such as these.
In case the Apple fans get their knickers in a knot, Apple aren't the only ones suing others over trivialities. The industry has been locked in a stale-mate for a long time.