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Barnes & Noble shows Microsoft 43 pages of prior art in suit

updated 01:30 pm EST, Fri November 18, 2011

Barnes and Noble relies on prior art to deflate MS

Barnes & Noble in its defense against Microsoft has countered with a 43-page list of prior art that it believes invalidate Microsoft's supposedly Android-related patents. The examples often go back over 16 years and include software as far back as NCSA's Mosaic browser, the precursor to Netscape and Microsoft's own Internet Explorer. The strategy would only need a handful of prior art claims to negate Microsoft's case.

In checking for patent abuse, Barnes & Noble has also put out a letter rogatory, or a request to a foreign court, asking it to order details of Mosaid's deal with Nokia and, simultaneously, Microsoft. The call to the Canadian firm want to know both the terms of the Nokia and Microsoft deals as well as compel testimony from Mosaid CEO John Lindgren. Barnes & Noble believed that the Nokia deal might have been a deliberate maneuver on Microsoft's behalf, since Mosaid as a company without a real product didn't have to worry about facing a ban from a countersuit.

Microsoft isn't yet known to have responded to the challenges. In the past, it has always acted as though its patents are unquestionable and that the only solution to resolving Android patent "issues" was to get a license. Barnes & Noble, and supporting critics, have noted that Microsoft has used tactics that hide the details of any patent violation under a non-disclosure agreement and make it difficult to challenge legitimacy. As one of the larger technology companies, Microsoft has further been accused of using its financial weight to intimidate companies into paying royalties, knowing they can't afford to mount resistance.

Barnes & Noble is one of the few companies to resist outside of Motorola. It's also unique in that Microsoft has no alternative OS of its own to offer for the Nook Tablet. When targeting smartphone makers, Microsoft usually offers a "discount" on royalties if the company agrees to make Windows Phones. [via Groklaw]

by MacNN Staff



  1. Stuke

    Joined: Dec 1969


    Good For B&N!

    It's about time someone try to undercover MS's devious ways!

  1. mytdave

    Joined: Dec 1969


    "Nook you"

    M$ has no claim to Linux technologies, and thereby the underpinnings of Android. If anything, Android (at the higher levels) is a rip-off of iOS, not anything M$ has made. I say go Barnes & Noble! Finally someone stands up to the bully.

    This Android related patent licensing scheme M$ has devised is just a new twist on their old anti-trust behavior, strong-arming vendors to kowtow to M$. This should have already been dealt with swiftly by the FTC, but they appear to be neutered. I'm glad someone has the guts to stand up to them. Just for that, I think I'll buy a Nook to show my support.

  1. garmonbosia

    Joined: Dec 1969



    I agree with the first part of your comments relating to Android but you're stretching it to say that MS phone is original. It's at best derivative. Just look at the pre iPhone Windows phone and the (long awaited) post iPhone Windows 7 phone. While they did do some things that slightly differentiate themselves from iOS, overall it's just another knock off of Apple's OS. Heck, Balmer was still insisting a phone needed a stylus and a physical keyboard up until a couple years ago.

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