An SEC filing from Novell shows us just what Microsoft is getting in its patent buy. It would appear that the 861 patents Microsoft is purchasing from what will have had been Novell if the deal goes through, are purely for defense. Defensive patents, that is. From the document, filed at the end of last week.

Historically, the issued patents and patent applications included in the patent sale have been used to facilitate and protect our current and planned business activities, and to reduce the risk of potential infringement claims against us. We do not currently license any of these issued patents and patent applications on a royalty-bearing basis, but the patents are subject to specific non-royalty bearing licenses granted by Novell during the period of its ownership of the patents.

We and Microsoft are parties to a Business Collaboration Agreement, a Technical Collaboration Agreement and a Patent Cooperation Agreement that collectively were designed to build, market and support a series of new solutions to enhance the interoperability of Novell’s products with Microsoft’s products.

Did it require 861 patents for Microsoft and Novell to make their license sales agreement, five years back? Everyone was scratching their heads at that so-called agreement, back then. Perhaps it was just what we all call a patent truce or treaty, now-a-days. Note, there are also another 20 lapsed patent applications in this portfolio, so it would seem Microsoft is after anything it can use to stem the ever-rising tide of patent trolls.

Further from the SEC filing:

CPTN would purchase 861 issued patents and pending patent applications and 20 lapsed patent applications. While Novell does not believe that the foregoing should have any effect on the parties’ respective rights and obligations under the Patent Purchase Agreement, CPTN has proposed to Attachmate and us that Novell provide it with additional issued patents and pending patent applications currently held in Novell’s intellectual property portfolio. The stated rationale behind CPTN’s proposal is to address a terminal disclaimer issue known to CPTN, Attachmate and us at the signing of the Patent Purchase Agreement, to address certain potential future terminal disclaimer issues, to unite certain patent families, and to compensate CPTN for the reduction in issued patents which would be acquired by CPTN. Attachmate has informed us that they currently do not intend to consent to our changing the list of assigned patents under the Patent Purchase Agreement.