Something of an eye-opener:

Theodore Essex, administrative law judge for the International Trade Commission, wrote in his Jan. 31 decision that Microsoft’s negotiations with Barnes & Noble over the use of Android in the Nook were “certainly hard bargaining,” but he concluded they didn’t qualify as patent misuse.
“Even assuming that these transactions and the related evidence establishes that Microsoft is bent on eliminating Android as a competitor, the mere fact that Microsoft is targeting Android for destruction is insufficient to establish an antitrust violation let alone patent misuse,” he wrote.

Let's just read that again: "the mere fact that Microsoft is targeting Android for destruction is insufficient to establish an antitrust violation let alone patent misuse".

Not sure that Google is going to sit by for this one. Litigation hats on .