You don't understand a thing about patent law, do you? Suppose HTC loses it suit to Apple but is not capable of paying the financial damages. Do you know who then can be sued so they can be recovered? Those that sold the infringing products, i.e. Verizon, AT&T, Sprint and T-mobile. Yes, they would be on the hook if they knowingly sold competing products which infringed against Apple's patents.
The reason consumer products companies like ours are required to indemnify and hold retailers harmless is in the event situations like this arise. Problem is that those agreements are only as good as the vendors ability to pay. If the vendor of record, HTC in this instance, does not have the financial wherewithal to cough up millions in potential damages, rest assured Verizon, AT&T, T-Mobile and Sprint do and if they sold infringing product then they would be liable.
The beauty of the N1 is that it is not being sold directly by any of the carriers, so they are off the hook. Should Verizon sell the Incredible and that item found to be among those that infringed against Apple's patents then they could be responsible for financial damages should HTC file for bankruptcy, let's say for suppositions sake, and disappear. It's for this reason I see the big four not wanting to even get near this with a 10' pole and why we're not hearing any news or confirmation from them regarding any new HTC Android phones coming to their networks. Only time will tell, but having experience in an unrelated industry I have some understanding of how these things work.