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Barnes & Noble asks ITC to reverse 'patent misuse' dismissal

updated 09:25 pm EST, Thu February 9, 2012

Bookseller blasts licensing strategy

Barnes & Noble has asked the International Trade Commission to review a recent ruling from Administrative Law Judge Theodore Essex in the ongoing patent lawsuit filed by Microsoft. The company argues that the judge's dismissal of its "patent misuse" defense is based on "erroneous conclusions of law" and a "misstatement of the facts."

Lawyers had argued that Microsoft was misusing patents in an attempt to minimize competition from Android-based devices. Microsoft successfully pushed to have the antitrust claims dismissed, however, leaving Barnes & Noble in a weaker position.

The bookseller claims that Microsoft is "leveraging trivial patents" that companies could easily work around "in order to charge licensing fees for products that do not infringe any Microsoft patents at all."

Barnes & Noble claims that the court has failed to provide a reasonable response to its arguments and consider them against the full range of patent laws. [via CNET]

by MacNN Staff



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