There's a difference between hardware designs and actual hardware... Google doesn't offer indemnity for use of the format so why do you think they'd be the only defendant? If Google's so smart like you say, if they're so kind hearted, then why aren't they offering indemnity?
Perhaps because the MPEG-LA does not offer indemnity, either. See the Alcatel-Lucent lawsuit against Microsoft, or the fact that WMV became more visibly patent-encumbered when Microsoft submitted it to SMPTE for certification as VC-1, to see how this sort of problem affects the "other guys," too.
