According to the Ars Technica article (http://arstechnica.com/microsoft/news/2009/02/espionage.ars), Mullor was a Program Manager in the Windows Security Group. It seems unlikely that he would all of a sudden later discover on chance that Microsoft was putting functionality into Windows that he (and his seemingly defunct company) has a patent that covers it. How is this different that Rambus not telling the standards body (that they were apart of) that SDRAM might infringe on their patents?
I hate to say it but Microsoft might be in the right here. Not to mention that the patent is BS.