Had Google won the auction, then we likely wouldn't be having this discussion. Google would have had a huge stockpile of patents with which to countersue Apple, Microsoft, and Oracle, the result being a cross-licensing deal where everyone goes back to actually making things. Google's loss created a mismatch in power, so the cartel can sue them without fear of reprisal. It's this mismatch that has led to the current situation of companies competing in the courts instead of the marketplace. Just think: if Microsoft managed to impose another $15/unit licensing fee on Android, would it even be worth their while to try to compete? Why bother with WP7, which is never likely to be the market leader, when you can make more money leeching off Android?