That article seems to suggest they're complaining about UEFI (or M$ are sidestepping the secure boot issue by only answering about UEFI) .. UEFI isn't the problem, it's "Secure Boot" that's the problem.
I can't see the courts slapping M$ for secure boot on PC's as the Win8 spec only requires that it's "enabled" to get a certified for Win8 badge .. it's up to the manufacturers if the want to include a "disable Safe Boot" function.
They *may* get slapped for the ARM version (WinRT) which says it CANNOT be disableable .. but then M$ don't have (and more importantly aren't perceived to have) a monopoly on ARM .. so the courts will be unlikely to step in here either.
In the end "Secure Boot" is turning out to be an annoyance rather than a huge issue .. albeit a stupid and ultimately unnecessary one.
UEFI is not a bad thing on its own .. it'll be a good thing once it all settles down a bit and there's no more "teething" issues like the Samsung UEFI bug that caused some laptops to be bricked