I actually believe this company has a good case. They obviously waited to see where MS is going with this and could only really act (litigate) when MS formally launched Windows 8 with the Modern UI ... so I wouldn't dismiss this a just another patent troll. The timing for litigation is right as it can only be done when the perpetrator has formally shown intent with a formal launch and distribution. The description of the patent from way back in 2000 already is very very close to how MS describes Modern UI in 2012. This patent has more meat on its bones than some of the recent ones we've seen in courts.
I differ slightly.
I think they are patent trolls but it isnt illegal to be a patent troll.
They own the patent and they have legal rights that they can try and enforce in court.
Arguing about players conduct when the conduct conforms to the rules of the game gains little.
If we are going to get substantive change the law makers have to push for patent reform.
However the legal lobby will argue against it.
And I reckon the big boy tech companies (M/S, Apple, Google, HP etc etc.) dont want to risk the change because they are fearful what the change will bring.
They may change it and get lots of unintended consequences that hurt their own businesses.
They know how the current game works.
Better the devil you know?
So who is going to push for the change? The US people are more concerned about health care, abortion, Social Welfare, economy etc.
If the anti change lobby just say "Overseas companies (meaning China etc.) will steal our secrets" - the change will die.
I am not optimistic that there will be any change in patent law in the next 10 years