You could but who's to say that Apple can't find other patents in their portfolio to come after you with (or MSFT can't extract their Android licensing for you)

You could but who's to say that Apple can't find other patents in their portfolio to come after you with (or MSFT can't extract their Android licensing for you). Apple wants to destroy the Android ecosystem and they're going to take any legal measure possible. With Windows Phone, you're protected from this through MSFT's cross-licensing deal with Apple - Apple even pointed to the Nokia WP phones as an example of being able to do something different.