Anyone who's sane. $4bn/year? That's nuts. It would be nuts even if that was the licensing fees for complete H.264 coverage. However, it's not complete coverage, because there are hundreds of patents in the H.264 pool. http://www.mpegla.com/main/programs/avc/Documents/avc-att1.p...
It's not clear to me whether these two particular patents are in the pool or not. I assume not, because otherwise Microsoft would have a license for them through MPEG-LA already. However, given that Motorola was involved in the creation of H.264, it seems that their patent assertions here might be illegal. Some of Qualcomm's patents were apparently thrown out because they didn't disclose them properly and include them in the patent pool. http://en.wikipedia.org/wiki/H.264#Patent_licensing