Honestly I find the Surface to be a better option than the iPad but the truth is that the masses are blind sheep and appeal to mass marketing. Microsofts current RT adverts have been pretty good but its going to be hard for anyone, even MS, to break Apples hold on the public.
As for the lawsuit, this is normal. When there is leftover inventory the company liquidates it and pulls it from profits. Not sure how this will go but it makes me feel like this is investors suing a company who started something new but failed. At least in the old days you used to invest with the risk of total loss. But I guess now you just sue to get your money back.