They win by entering the dialogue. They copied UI from Apple back in the day, and then were able to cut prices, etc., and Apple lost (at least for a decade).
I would caution Google to ignore the controversy completely and move on to more interesting problems in search. Microsoft is very good at playing this game increasingly on their terms, and then they win.
ETA. As a quick caveat. I have nothing but respect for many Microsoft employees. And I don't mean to generalize. I just can't help but remember the similarities to:
http://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microso...
Being 'right' is sometimes a premature optimization....
ETA2. Esp. with someone who is very good at making the second dance move. But think back on all the major Microsoft products (IE v. Netscape, Office v. Lotus, though this is a reach maybe, Xbox v. PS, .NET v. Java, etc.). It's just a different approach. But it's a mistake to not analyze it and appreciate it for what it is..