patents? i'm sure apple could do with their push email patents.
they make a nice keyboard based phone. a version of android on their hardware might do well. i have heard and seen blackberries take a lot of punishment and keep going.
when they were at their height in the usa i only ever saw one customer with one here in ireland. though i saw them every day on public transport and in use on dublin streets. since they started to decline i've seen a few kids replace iphones with blackberries on prepay. mostly for texting purposes. that's a real market the touchscreen phones aren't addressing.