There has been so much said already about patents and lawyers killing innovation, but if this is not a perfect case in point then I don't know what is.
HTC is specifically citing the US customs delay related to Apple's current lawsuit as one of the reasons they are lowering their guidance for the current quarter. I'd say that's pretty good evidence. There are consequences for lying to investors about this sort of thing, after all.
It could just be that Samsung is better at the game.