I don't want to be the parade pisser, but I don't think this is enough for legal action. The writing of patents, and the granting of patents is not rigorous. I could patent a necktie for aliens, doesn't mean they are real. This stuff about flicker perception is inconsequential, it is merely background context for the invention itself.
The first patent mentions dithering may cause discomfort, but in no way proves it. The second patent by apple might contribute to an action if they had admitted their dithering causes people pain. Even if they did, it'd be easy to argue that accommodations for an immeasurably small number of users is unreasonable.
If you want to put something together, look in research journals. They are rigorous and peer reviewed, where the peers in question are generally the most experienced and most highly qualified in their field. That is the proof you will need.