To avoid having to license it, you could always ship your product without the exFAT driver installed, and prompt the user to automatically download and install the GLPed driver whenever an exFAT formated device is connected. Requiring end user intervention to download the driver, I believe you can circumvent all patent issues.
Anyway, the good thing about this free driver is that if someone ships the product with the GPL exFAT code, he cannot negotiate with Microsoft any licensing that involves "per device licenses", even if he wanted to, as the GPL prohibits it. This means that the license could not cover the only the defendant but everyone in the free software community whose products are derived from that GPL.
Last edited by newwen; 01-21-2013 at 07:52 AM.