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Apple has slapped Motorola with a countersuit over six of its multi-touch patents.
Apple Countersues Motorola Over Multi-Touch

Android continues to grow, but Apple remains a favorite when it comes to hardware. According to research released today from NPD Group, Google’s Android operating system significantly grew its lead in the U.S. consumer smartphone market in the third quarter.
Android Grows, iPhone 4 Favorite Handset in U.S.