It is extortion nevertheless. Or patent racket if you like. B&N described that behavior on their court hearings. MS is coming with threats, and says that no mater what you'll do, even if you'll try to refute some patents, they'll find others, so better pay up right away. It's a classic racketeer behavior, i.e. extortion. If you describe racket a "part of the business process", then it means that something is very seriously wrong there. And it's clear what is very wrong - the patent legal system is severely broken, leaving too many holes for such racketeers like MS.