Flawd logic
Mr. Asay seems to assume that the members of the "android ecosystem" are so scared of Apple's lawsuits, that they are prepared to dump all their android plans and switch to a WP8 centric lineup. Well, I simply can't see this happening.
Don't get me wrong, being hit with a $1bn fine is certainly a big risk. However, being marginalized in the smartphone market is a much bigger one. So far, Windows Phone handsets have been selling poorly, and the one company that went exclusively with that OS (Nokia) is in a free-fall. The makers of the top-selling android phones will have to be crazy to bet their entire future on Microsoft.
So what will happen next? All the current android makers will keep producing android phones, and will do whatever they can to minimize their legal risks (I believe this is the reason that HTC is trying to hold a gun to Apple's head with its LTE patent). Samsung and HTC will offer WP8 devices as a way to hedge their bets - just as they've been doing with WP7 - but neither will expect these devices to be their top sellers. And WP8 will have to compete fair-and-square in a rather saturated market.
Maybe WP8 will succeed where WP7 has failed. Perhaps it has some revolutionary feature that everybody will crave. Perhaps the telcos will subsidize it so heavily that Apple and android won't be able to compete. Or perhaps there are enough people that dislike both Apple and Google to support a third ecosystem. Personally, I don't believe any of these is true, and I expect Windows Phone's market share to remain at the single-digit percentage.