james - People have been predicting the death of the Palm OS for years and years now (witness the year-and-a-half this thread has been around). The OS itself is in some respects already dead - they killed it off with Palm OS 5, which is in many respects a completely different OS but one which runs older Palm OS software seamlessly thanks to an innovative emulation system called PACE.
The reporter talks about Palm wanting more control over its software destiny, and on that front I agree; however, I think they'll do that without giving up on "Palm OS" as we know it. As you may know,
StyleTap makes an emulator that does a pretty darn good job of running most Palm OS software on Pocket PC; they apparently developed this without any access to internal information about the Palm OS beyond what's publicly available. It may not run our software perfectly, but if we didn't offer a separate Pocket PC version, we could in a few weeks' development type develop a version of our software that ran as well on StyleTap as it does on a real Palm.
Now if a small company without access to any confidential information about the inner workings of Palm OS can develop an emulator that works as well as StyleTap does, surely Palm, with many more engineers and years of experience tweaking / customizing / adding features to Palm OS, could develop something much better, something that works just as well as PACE does in Palm OS 5. And indeed it's been widely suggested that they're doing exactly that. So they don't need to rely on ACCESS to develop a new OS that's backwards-compatible with old Palm software; they just need to put some Palm-OS-savvy engineers together and develop their own version of PACE. And it's well worth the trouble for them to do that, given the continued bugginess of Windows Mobile (not to mention the fact that they still haven't redesigned it to work on square-screen Treos) and the large installed base of customers who don't want to lose all of their Palm software.
Hence, ACCESS may die, Palm OS as we know it may be able to cease to exist, but I suspect you'll still be able to buy handhelds and smartphones that will run "Palm OS" software for at least the next 5 years or so.
lmcjipo - I'm not too worried about this lawsuit, actually. Most of NTP's patents have already been invalidated, so Palm just has to tread water until the appeals process finishes and the odds are after that they won't have to pay them a dime.
I might also add that I completely and wholeheartedly agree with that article's attitude about software patents - I think they're an absolute abomination, if it were up to me I'd invalidate every single one of them and pass a law to ban software from being patented in the future. And I sincerely hope that the anti-software-patent forces in the EU manage to hold on against the bureaucratic onslaught that's attempting to force them on people there.