Seems to me the Google and Harmony are so related it's appropriate to combine the two issues.
Harmony came about to have an open alternative Java product. This drives innovation and competition. However, since then Java has been open sources (granted with some restrictions), but you could now very easily innovation in the openJDK space instead of Harmony space.
If Apache/Harmony received the TCK, and it passed, then Harmony = Java (TM) compliant implementation and gains IP compliance as well.
If Harmony = Java, then it seems that Android could be considered a Java based phone. Google wins. Oracle wins (more "Java (TM) PR).
However that said, the TCK Oracle(Sun) agreed to was for a non-profit organization. Which would be fine for Apache, but if someone else uses it (Android phone manufacturers) in a for profit case, it's not Apache's problem it's the manufactures problem.
Why not have Google (or more specifically the Open Handset group) negotiate and agreement to swap patents. Surely Google has some search patents that Oracle would like to leverage in one of the server based products.
Maybe Google (OHA) could use the Embedded Java SE product that Oracle maintains as an alternative to Harmony.
Maybe Harmony could be considered Java ME.next.