I already showed you, in the license itself, which clearly indicates patent protections only exist for "original software", Your interpretation of the license is pretty damn whacked and completely contrary to the intent. "Original Software" is what Sun wrote, even if it consists of 30% of a forked product. It is still covered.
Again, MPL licensed software is subject to forking. The CDDL is the MPL with some minor edits. Show me where the changes in the CDDL prohibit forking.
It couldn't be any more clear, look at the license itself again:
http://www.sun.com/cddl/cddl.html
Look at section 2.1, notice that only 2.1(a) contains the language "with or without Modifications, and/or as part of a Larger Work". 2.1(b), the patent clause, clearly only refers to "original software".
Licenses are never easy, but this is about as clear cut as it gets, as my link to lwn.net corroborated.