Make no mistake - all the major smartphones out there are infringing someone else's patent. If this is the precedent, next thing we'll have iPhones banned for infringing on Motorola, and Windows Phones banned for infringing on RIM patents.
This is bad news for consumers, bad news for innovators.
Infringing on patents pooled to create standards is different (viz Motorola). your patent goes into the standard in exchange for your agreeing to make it available for a reasonable price. This is obviously a Good Thing or standards would not be created or adopted.
Similarly, the price of simpy ditching patents would be the proliferation of trade secrets and obfuscated mechanisms.
This is bad news for consumers, bad news for innovators.
Everyone loses.