[1] http://www.gottabemobile.com/2011/05/27/htc-pays-5-per-andro...
[2] http://fosspatents.blogspot.com/2011/09/samsung-takes-androi...
Just wait until Google, Samsung, HTC, LG and maybe smaller players like Acer form a coalition and go after Microsoft - a company that is not a patent trol, that can be attacked and that will take a stock market hit in the case of failure.
What really works for Microsoft at this point is just plain old FUD, but that doesn't lasts long.
Google has never filed an offensive patent suit. Also, MS can retaliate against almost every Google product out there.
Samsung, HTC are MS patent licensees and make Windows Phones. In fact, HTC came into the world phone market by making WM phones.
LG makes Windows Phones.
Acer's biggest business is being a Windows OEM.
Why would they waste tens of millions of dollars trying to shake down MS? If you think these are going to come together and file a patent lawsuit against the biggest patenter, I suspect you're wrong.
>..will take a stock market hit in the case of failure
The dent in MS's revenues even in the case of successful patent suits against it, compared to the cash brought in by their cashcows will be a blip on the radar.
The OEMs and carriers do lose the freedom to develop a UI skin (which delays updates) and load always-running and uninstallable junkware though which might count for something against WP7.
Also don't under estimate the power of the enterprise and company issued phones.
Fact is Android is anything but free, except it's Microsoft, not Google, who's collecting on every incremental Android sale.
Windows Phone may be nice, hell it may be better than Android, but there is no "OMG that is so cool I have to have it" feature. Until Microsoft can find a way be not only better but different, they won't regain marketshare.
* Not that I'm saying it is.
I actually do think there is a way to salvage the Windows OS. And Microsoft is not going to like it. It is to build the OS on top of Android and leverage Android apps. Then offer a premium experience for enterprise and high-end consumers. But Microsoft would never admit defeat in this way, and because of that, they will fail.