Sources close to Novell told me that was indeed the case. The CPTN group will be re-filing to obtain the patents. Their plans haven't changed a bit. A Microsoft representative confirmed that CPTN was still planning on buying the patents. The PR rep said, "This is a purely procedural step necessary to provide time to allow for review of the proposed transaction."
Be that as it may, even if Attachmate doesn't end up buying Novell, CPTN can still end up owning Novell's patents! As Andrew 'Andy' Updegrove, a founding partner of Gesmer Updegrove, a top technology law firm, points out, "If the Attachmate deal just doesn't close, whether because of a deterioration in Novell's business, a failure of the Attachmate funding, or whatever … CPTN has the right to cherry pick the Novell patent portfolio."
No, neither Microsoft, nor its CPTN allies, is walking from this deal. The German Federal Cartel Office, the U.S. Federal Trade Commission (FTC) or, least likely, the U.S. Security & Exchange Commission (SEC) may yet put an end to it, but no mere protests from open-source groups are going to frighten Microsoft and friends away.