Not to mention that patent law explcitly does not accept independent discovery as a defence for patent infringement, so I doubt that Apache 2.0 has any defences

Not to mention that patent law explcitly does not accept independent discovery as a defence for patent infringement, so I doubt that Apache 2.0 has any defences for that. I also don't believe GPLv3 does either but I would have to read through it again.