WP needs a marketing push to get into the minds of consumers, before it will sell in significant numbers.
You must have missed all those TV commercials for WP7. I'm not saying there were effective though, they were kind of weird, and I don't think the message was effective.
At any rate, the problem MS is facing is large. WP7 and what I've seen of Win8 is competent and competitive with iOS and Android. But it isn't dramatically better either. Apple has got a lock on "cool", and the products from Samsung and other top end Android makers offer large screens and nearly as good user experience, enough apps, and in addition they tend to be cheaper. The GNex directly from Google is only $350 USD without a contract.
I recommend to MS that rather than fight these guys head-on, that they go after the business and enterprise markets. RIM is weakening, so the time is right. Then expand from there back into the general consumer market.
It's hard to see WinPho (sounds tasty!) gaining due to an Apple patent shakedown. It's just not a very interesting platform; Android has reached critical mass and is well understood. Phone makers are just going to license or work around the damage -- they already do this for other patents.
I do worry that long term the patent system will result in hobbled products shipping in regions where software/UI patents are enforceable and unhobbled versions shipping elsewhere. Hope not, though.