microsoft is weaker in mobile patents than any other platform player. they could be a victime quicker than android.
Tell that to Samsung and HTC. Microsoft's patent position was strong enough that it managed to force each of them to pay Microsoft a license fee for every Android device they sell.
Fact is Android is anything but free, except it's Microsoft, not Google, who's collecting on every incremental Android sale.
You are aware Android is an operating system right (the same domain where Microsoft holds most of its patents) and not hardware (where Microsft holds the rest of there patents)?
Also don't under estimate the power of the enterprise and company issued phones.