Apple just won a major battle in a patent suit against HTC. This has yet to be finalized - looks like this may happen in December - but if it is, it's a major blow to Android since the two patents in dispute are common to Android and not just to HTC. There could possibly be a block put on import of several major Android phones as a result. This could force these manufacturers to pay licensing fees to Apple - which would either have to be passed along to consumers or ate up by the manufacturers, reducing already minimal profits.

Soooo, what will these companies do? There are about 2 options - pay the licensing fee and either eat it themselves or pass along to consumers or jump the Android ship and get in bed with Microsoft or HP's WebOS. A possible third option would be to develop their own mobile OS - an unlikely option this late in the game.

How does Steve Ballmer fit into this? Well, he may be crazy like a fox! He is kicking back and letting Apple fight the battle with Android. He may very well be watching this whole thing with a big grin on his face. Apple is spending the big bucks to fight these patent wars, knowing his company could be the beneficiary if Apple wins. We could very well see Microsoft make a comeback and the mobile marketplace may end up back on the old desktop Apple vs Microsoft battlefield again. IMO, Apple just might be cutting its own throat with these suits. Apple can hold its own with innovation in a world where there are several major players - Android, iOS, Win mobile, etc - but if this all boils down to iOS vs Win, it could end up being the desktop battle all over again with the same result. I firmly believe that as long as Steve Jobs walks the planet, he will never allow iOS to be opened up and licensed to other devices - and also believe he is correct in doing so even if it means losing the majority market share. I'd much rather have a OS that works well on an Apple device than one that has been watered down in order to work on a dozen different ones. Either way, Apple has always been great at innovation but has never been great in strategizing in order to remain competitive - the complete opposite of Microsoft.

So, the decision made in December is key. If the recent decision that HTC is in violation of Apple patents holds up, it will mean some real trouble for the Android OS. What I cannot figure out is what Google is thinking. They seem to be playing the part of Nero - fiddling while Rome burns. The whole concept of Android was to keep Google forefront in the mobile space. If Android is allowed to fall, they are at the mercy of other players. Their obvious disinterest in these battles makes me wonder if they have something else up their sleeve...?

http://www.pcworld.com/article/235876/itc_ruling_threatens_future_of_android.html