You have anything you can point to re: the possible lapse of any covenants not to sue/patent license agreements between IBM and Microsoft?  

As far Darl being personally responsible for Lanham Act violations, I am doubtful that will come to pass.  I am probably in a minority with regard to this point, but I seriously doubt either McBride or Yarro will ever have to personally answer for their roles in the whole SCOX v. World fiaSCO.  Even if someone tries to go after them, I think they have probably covered any tracks sufficiently (of course, they will have the trouble/expense/stress of any lawsuits) to avoid a finding against them.

Microsoft's power to shore up vicious puppets like the ironically-named "IP-Innovation" (more like IP anti-innovation, what brain-dead MS exec thought that one up?) is fed by it's ridiculously large income stream.  A very efficient open source distribution network already exists that has the power to cut off these supply routes for Microsoft's legal artillery and brain-washing media manipulation.  That network is us.  

I have removed MS software and discouraged its future use on about 30 user's systems so far in the last two years, and have encouraged hundreds of people to download in install OpenOffice and Gimp.  Yes, this does take a bit of time and effort, but after a few systems I (like most of you) can almost install Linux distros while asleep, and I feel good about helping people break free and control their own hardware.  So if we do the math on this, even if only 3 of the 30 to date also help to propagate open source to another 30 people, and the rest just advertise the benefits of secure, free, user-controlled software (and send more people to me and other geeks), we have a nice exponential growth of open source, with a corresponding exponential loss of income and user confidence in Microsoft.  This will occur very rapidly if it is sustained.

The stigma of Microsoft's greed, arrogance, blatant manipulation of international politics and the ISO organization, continuous predatory legal attacks, and disregard/mistreatment of their own clients (through treating them as criminals, shackling them with DRM, lying to them, and by knowingly exposing them to harm via their insecure software products) now stains all of their products, and helping others to become aware of these issues will also help to accelerate open source adoption.  The greedy and arrogant legal actions of the RIAA has started a similar wave of revolt, with artists breaking free and no longer wanting to be associated with such a disgusting organization; we can ride and expand this wave to include the similarly-nasty Microsoft (who is, after all, in cahoots with the RIAA and all their DRM-buddies).