Despite the positive steps in the case of Microsoft, the OSI still faulted the deal for not requiring Microsoft to provide a patent license to the open source community before handing the patents back to Attachmate.

Oracle may use Novell patents to disrupt open source competitors in the markets for operating systems, middleware, virtualization and mobile and platforms, the OSI also said. Regarding Apple, the OSI raised concerns about Apple using patents to challenge .

"Both Apple and Oracle could address these concerns by stipulating fully-paid, world-wide, royalty free licenses to any software covered by an OSI-approved license," the open source group said.

The patent deal is also being examined in the United States by the Department of Justice's Antitrust Division. Last month, Novell said in a and Exchange Commission that antitrust authorities requested "additional time to review the patent sale," which may not close until at least April 12.

The new filing by CPTN may indicate that the patent sale will indeed close on April 12, patent watcher Florian Mueller .