1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms.
1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement.
3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject such Company Implementation to the terms of an IPR Impairing License.
How important is CIFS? What is its relation to .NET and other Microsoft concepts?
What parts of it are covered by patents?
Where in CIFS is the core of the patented teaching found? i.e. which parts would still be covered if after an invalidity litigation the claim scope was narrowed down and only a few subclaims were left?
Study the feasibility of this kind of project!