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Barnes & Noble: Microsoft using patents to cripple Android competition

Posted by BernardSwiss on · 5 comments
Ars Technica; By Peter Bright
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The book retailer claims also that the fees Microsoft was demanding were equal to or greater than those it demanded for an entire operating system, Windows Phone, even though the patents covered only "trivial and non-essential design elements" of the Android user interface. It also noted that there is only one patent common to the the five patents it is being sued over and the six that Microsoft was offering to license.

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Comments (5)

Quoting:“When Barnes & Noble asked Microsoft for more detailed information related to these patents, Microsoft refused, claiming that the information was confidential and could not be shared unless Barnes & Noble first executed a nondisclosure agreement.
http://www.zdnet.com/blog/open-source/google-and-barnes-nobl...

Quoting:In the manner B&N described, Microsoft seemingly approaches each OEM and informs them rather vaguely (nothing specific) that their products are infringing on their patents. At that point there are two important questions the OEM’s must ask themselves, what’s the estimated cost of filtering through these patents, comparing them with the source and seeing if their legit and on the flip-side, what’s the cost of settlement in comparison. To expand a bit on the first thought of the two, companies must fist diagnose how expensive it will be to prove in court that they aren’t infringing and asses how solid of a case they can build all while cross referencing how does “that” cost relate to the product they’re selling. While that nice approximate number is rounded out they must also look at the second question which is, ultimately, how much the cost to settle is. Large corporations use their size and influence to intimidate smaller ones all the time, it’s not uncommon for the smaller company to simply settle when it knows that it would be far out of its comfort zone enduring a long costly battle with a company with the heft of Microsoft.
http://www.thebitbag.com/2011/11/02/microsoft-protecting-inn...

Quoting:A 29-page slide deck – made public this week in Microsoft’s patent lawsuit against Barnes & Noble — outlines, in great detail, the bookseller’s objections to the software company’s campaign to collect patent licensing fees from Android device makers.
http://www.geekwire.com/2011/barnes-nobles-29page-slide-deck...
Quoting:Barnes & Noble has subpoenaed Nokia and its patent-enforcement agency, Mosaid Technologies, as it defends itself against Microsoft's Android patent infringement lawsuit, according to documents filed with the U.S. International Trade Commission.
http://www.pcadvisor.co.uk/news/mobile-phone/3317285/barnes-...

Quoting:In September, MOSAID acquired 2,000 wireless technology patents from Nokia. MOSAID, Nokia and Microsoft had entered into a revenue-sharing scheme that will give two-thirds of any revenue generated by licenses or lawsuits to Microsoft and Nokia.
http://au.ibtimes.com/articles/246469/20111110/barnes-noble-...
So to those that balk at the suggestion of Microsoft actively pursuing a business plan of patent trolling/opportunism, is there really any question now? Some have argued that the income/profit generated by these settlements are a secondary benefit, as the primary goal is to price handset makers out of the Android market.

Motive is important here if dragging the truth out is the goal of B&N. If pockets at B&N are not deep enough, what are the chances that Google will somehow come to their aid? Slim I am thinking but it isn't outside of the realm of possibility. I think they have waded too deeply into these waters simply to get a deal and a NDA they can live with.

Quoting:Barnes & Noble is keen to showcase the patent-sharing arrangement between Nokia and Mosaid to support this accusation. Last month, Barnes & Noble subpoenaed both Nokia and Mosaid for a broad list of documents and information.

"The requested information will demonstrate that Microsoft is broadening its patent portfolio as part of its campaign to use minor patents to suppress competition from Android and protect its monopoly in PC operating systems," Barnes & Noble's lawyers wrote in documents filed with the USITC.
http://news.idg.no/cw/art.cfm?id=690D1393-DEF9-4CB2-F51033F0...
Quoting:what are the chances that Google will somehow come to their aid? Slim I am thinking but it isn't outside of the realm of possibility.


Personally, and I could be wrong, I believe B&N wouldn't make such a courageous and bold move unless it has some support from Google.

Could it be that Google is planning to add B&N under its umbrella?



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