To infringe a patent, you have to make, use, sell, or offer to sell, or import an infringing product or process. [0] Google writes software that could be used t

To infringe a patent, you have to make, use, sell, or offer to sell, or import an infringing product or process. [0] Google writes software that could be used to make such a device but it actually produces very few such devices itself. Apple just might be able to sue over the Nexus line, though I think LG and HTC actually make those, because Google sells them on the Play Store. The damages would be pretty small, though, because the volume is small. Google's export of software is not making, selling, or importing a product [1] and no Android manufacturers make phones in the USA. Samsung actually makes the devices and imports them in vast numbers. Note also that since using the device can be infringement, Apple could sue every user of Android devices in the USA individually also. [0] 35 USC §271 [1] Microsoft v. AT&T, 550 U.S. 437 (2007)