If Apple and RIM each independently reached the design of whatever was patented, then my condolences go to them and their customers, because they now have to pay for something (a design) that they already paid for independently (in R&D costs). This is what's wrong with the patent system: it's too easy to patent something that is too obvious. Besides, IBM already patented the idea of being a patent troll.
If Apple and RIM used technology that had been developed by Kodak (e.g. an ingenius, real-time algorithm for processing a series of jpeg images using a low number of CPU cycles to provide video from a camera), and they refuse to pay for it, then that is clearly theft. Whether or not they acquired the technology from a 3rd party doesn't matter. It's still stolen goods. Samsung, LG, Sony Ericcson, Motorola and Nokia all pay for these goods and still manage to market a product profitably (well, most of them do, anyway...). Apple and RIM don't get to have a free R&D ride at Kodak's expense. Imagine for a moment if you were a research engineer at Kodak who lost his job because they couldn't afford to pay you anymore because too many companies just stole the technologies you invented, such as this one, rather than pay license fees. That would suck, and would also mean less innovation in the world.