here is where it needs to be mentioned that MS is probably the only company more litigious than Apple. I think this company doesn't stand a chance and will either lose badly, or simply be purchased by MS.
The reason why you do not think of MS as being a company that is patent crazy is because MS will contact the company in question, show them that they have the patent, and then make a patent licence offer at the relatively reasonable price before taking them to court over anything. Most of the time this works great, and the courts never need be involved. That is what I like about MS. They are a big company, and they act like a big company, but the realize they are not the ONLY company in existence, and are more than willing to work with others rather than shutting them down entirely.
Contrast that to apple who is constantly in lawsuits against google and google related products in order to lock them up or shut them down. Meanwhile MS simply submits their patents to google, comes up with an agreement, and makes some $20-30 off of every Android device sold. People think that MS is behind in the smartphone game, but the reality is that they have simply set themselves up in a position where they cannot lose. If Android stays the king of the hill... MS makes money, with no need to support any of the devices... just free money. If WP8 makes it big then MS gets more money... but with the liability of having customers to support.