In an interview Andreas Jaeger from Novell answers:
OA: What would you change about the Novell/Microsoft deal if you had the chance?
AJ: Better ask me what I suggest to change in the US patent system regarding software patents ;-)
Why is US patent reform the answer to the problems which are dealt with, which manifested in the multimillion Microsoft-Novell deal? The answer is simple: Andreas Jaeger has suggestions for reform but the debate in the USA does not take off. As long as companies defend themselves with patent deals and patent portfolios, or waste their time on discussions about prior art searches, everything remains lost.
However, there is chance for substantial reform. Interested US citizens can take the European lesson and become founding fathers of FFII USA. At least a mailing lists exists for the sleeping nation which handed over software liberty to patent agents.