[citation][nom]apmyhr[/nom]If HTC is agreeing to pay royalties without being taken to court, then I would think there is some clear validity to Microsoft's patent claims.[/citation]
Not so fast: HTC could have licensed the tech for $1, being an important microsoft partner.
Then, MS would have additional leverage against anyone else it decided to take to court over the "patents", making those suits far more likely to succeed and thus squashing any real competition long-term from android. Remember what SCO did to Linux a few years back? Same tactics! Hit the small fish with small payout lawsuits, then when they capitulate use that track record to strike at the bigger fish.
There is also a good chance that MS strongarmed HTC into taking such a deal for exactly that purpose. After all, these lawsuits aren't about money: they are about control of the market, a far more important asset.