There's actually one other big thing that stops the Android side from going on the offensive. The Android open-source code (like the WebM and other Google open

There's actually one other big thing that stops the Android side from going on the offensive. The Android open-source code (like the WebM and other Google open source releases, IIRC) comes with a patent license (as it has to, or no other companies would touch it). From what I recall, that license permits you to use any patents the publisher (generally Google) owns that are required by that code as long as you don't sue anyone over patent infringement with respect to that same code. That makes going on the offensive with Android-related patents nearly impossible - anyone Google tried to sue could just integrate Android code related to the asserted patents to get a patent license, unless they already had Android-related patent infringement lawsuits going (which gets back to using patents defensively).