There is no Android vs iPhone here. At worst for Apple, they let HTC off the hook and continue against others, for as long as they can.
Remember: HTC's loyalties are with their shareholders, not to fight a war against Apple on behalf of Google or Android fans. If their board determined that selling bottled water was better than making phones, they have a duty to pivot. Google (Motorola) is different, they have a much larger stake in Android.