From what I understand, Microsoft is claiming patent violation, without the patents Novell has a stake in.
There is no doubt in my mind, that Novell accepting the deal with Microsoft, was just about the stupidest thing, ANY open source company could make though. The fine print to the deal(the way I basically understand it.), basically states that;
1) Novell is violating microsofts, samba (their networking protocol) and FAT patents (Which btw, was just granted to them.)
2) By making this deal, Novell won't sue Microsoft, for patent infringements (for stealing NT technology), and Microsoft won't sue Novell.
I don't know what crack Novell was smoking, to think this was a good idea.