Note: this is just my opinion. The OSI board may have a different opinion if it speaks as a body.
Microsoft is spreading FUD (fear, uncertainty and doubt) with their latest anti-Linux patent campaign. If they had an actual, solid case of patent infringement, they would go to a judge, get an injunction against the distribution of Linux, and sell patent licenses for FreeBSD. The fact that they don't, but are willing to sell patent licenses for an unnamed set of infringed patents, says that they have no legal case.