An initial ruling against HTC by the US International Trade Commission (ITC) is evidently starting to have ripple effects. The case was brought by Apple, who is accusing HTC of infringing upon 10 patents of which the ITC found HTC to be violating two. Two caveats: the ITC's ruling is preliminary and not final but, Apple just needs to win on one patent infringement claim to potentially halt imports by HTC into the U.S. [Read Nilay Patel's excellent piece at ThisIsMyNext]
The patents in question seem specifically tied to the Android OS and other firms seem to be taking notice. According to 21st Century Business Herald, based in China:
"Some of these vendors worry about the risk of becoming embroiled in patent infringement due to adoption of Android, and have drawn up three strategies to cope with potential impact. The three strategies are enhancement of support to Microsoft Mango operating system, promotion of smartphone customization by mobile telecom carriers for protection through binding common interest (especially carriers partnering with Apple and Microsoft), self-development of own operating systems, the source pointed out. China-based smartphone vendors Huawei Device and ZTE have planned to adopt Mango, the source indicated."
That's a very interesting paragraph. For one, Huawei is not yet a key partner of Microsoft for Windows Phone--so that's potentially new (even though it will matter more for Eastern markets). Second, we're evidently starting to see OEMs start to make contingency plans if these lawsuits continue to go forward. The reason why is because Google does not offer any protection against claims of patent infringement, contra Microsoft who will defend the OS in court to the chagrin of the OEMs. Combined with those continued licensing fees for Android and the speculation of further legal threats, Windows Phone is starting to look ike a good choice right about now.