I do like the more specific patent provisions, but I have come to feel that GPLv3 would do better to remove paragraph 5 from section 11 completely (rather than leave it in with the grandfather clause).

Novell (and everyone else, for that matter) are still bound by paragraph 4, which is pretty explicit in regards to patent rights for all, and a marked improvement over the implied defenses in GPLv2

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license providing freedom to use, propagate, modify or convey a specific copy of the covered work to any of the parties receiving the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.