OS X includes a LOT of open source software, even GPL software found in almost every Linux distro, which is likely subject to the same patents.
BTW, currently Linux is faster on the same box. OS X has some inefficiencies that slow it down.
What’s impressive is that OS X gets faster with each release - while adding features.
Linus Torvalds may have called OSX "a piece of crap" too but it's actually the other way around when you compare the two, especially on the desktop. If you weren't so infatuated with foreigners and leftists like he is it would be obvious, but sales figures (how much someone is willing to actually pay for something vs. have dirty old uncle dick give it to them for free) tell the story you refuse to admit.