The MPEG LA said that it would assemble a patent pool against VP8, did they manage to do that, or they were just FUD-ing around?
They said the same thing about Vorbis ten years ago, don't hold your breath.
You can also compare ffvp56 and ffvp8, although there's a larger time gap between the two implementations.
And the thing is, hardware H.264 will almost certainly be in every phone built until the patents expire, so ragging on a free alternative is just going to jeopardize their existing revenues, for a shot at the hacker community's websites like Wikimedia running H.264 and paying royalties - which will never happen anyway. Meanwhile most likely future for WebM is that some forward thinking companies serve WebM if you're using Firefox/Opera, but most are lazy, pay their H.264 tax, and require you to use IE/Safari/Chrome.