If they didn't knew they had these patents, how could the other company know ?
This type of pattent 'mines' will have the consequence to scare to death companies. Foreign companies will stay away of US just to avoid the risk to step on such mine. And US companies may move their business in countries with much less risks (i.e. europe, Asia).
FTA: "Notably missing from the defendants' list are Microsoft, in which Mr. Allen remains a major investor"
Wonder if microsoft has a deal with Allen or if he just doesn't want to sue the company he has a stake in.
This could easily be spun as Allen as the attack dog against microsofts competition.
He's not suing microsoft because he'd be shooting himself in the foot. He might have a deal with them to license it, or he may just be letting it slide (he can always sue them later). Same with google.
He's under no obligation to enforce his patents - it's up to him.