This sounds like vintage Darl McBride, and we know where that ill-fated, Microsoft-funded legal mis-adventure ended up.
Just as SCOG suit is failing, suddenly we have these lies from Microsoft.
Unfortunately for Microsoft there are only a handful of countries in which they can play their strong arm game of bullying the FOSS movement which is their aim.
What will happen is that MS will not be successful in the EU, and you can forget BRIC (Brazil, Russia , India, China)
What will then happen is what I have long predicted--a world with a bifurcated software patent regime, one area in which FOSS can prosper and another (USA, perhaps Japan) where it can't.
Now, when this exists rather quickly we will see that one economic space will be superior for most businesses, such as pharma, professional services, multimedia content creation, manufacturing and that will be the one which allows FOSS.
The one that restricts FOSS will be better for only one type of industry: monopoly software production.
After a while it will be apparent to everyone in the handicapped economic space that they have made a grave error in allowing FOSS to be restriced by legal entanglements, and then software patents will die.
It will, however, have done tremendous damage to the competiviness of the USA's economy.
Reading this article, it is quite clear it has made several informational exclusions that are rather odd.
For example there is no mention at all of the SCO lawsuit against IBM, Red Hat and Chrysler. The present MS statements are almost exact duplicates of Darl Mcrbride's positions early in the SCO-IBM lawsuit, and any neutral reporter would have included this information, namely that MS was not the first software company to try this.
Because such a glaring, pro-MS omission was made, it seems clear the reporter is quite biased, towards the MS camp.