That could be a little inaccurate. In this case you create a product using and open-source product and an industry player comes along saying Linux infringes on

That could be a little inaccurate. In this case you create a product using and open-source product and an industry player comes along saying Linux infringes on it's patent portfolio heavily. But this infringement was unproven: Microsoft may not have a case. This looks like extortion--- where product makers rather than face down Microsoft, accept that they must pay. It it likely that HTC does not think it has too much choice as part of the market for their phone is windows mobile. Many patents could be claimed on any device built now, you don't see IBM, Novell and Oracle lining up.