You're wrong, of course. Take it from a Linux site if you refuse to believe me. Quote "CDDL does not license any patents for use in derived products". Period. It couldn't be any more straightforward,whatsoever.
http://lwn.net/Articles/114839/
Not exactly an authoritative source. Take it from a Sun executive in charge of this, Tom Goguen:
Q: "Some vendors and end users have another concern – that Solaris will “fork” ... What can you say about the “forking” issue, and the potential for confusion"
A: "By making Sun’s commercial distribution of Solaris free, we think we’re going to mitigate the forking in terms of our primary market."
Hmmm, why would this Sun executive want to mitigate something that's not possible? Software under the MPL is forkable, and section 2.1(b) of the CDDL (the one you referenced) does not differ significantly from the same section in the MPL that it's based on.
Admit you're being hypocritical, or show me something better than what one Linux guy thinks of a license that was barely just released at the time.
Well, that's a relief. Surely the thugs in Beijing would never dare to infringe US patents.
I take it you're a fan of gun control too.