04-27-2011, 12:28 PM | #1 | |
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Barnes & Noble Charges Microsoft with Misusing Patents
http://www.groklaw.net/article.php?s...10427052238659
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04-27-2011, 01:29 PM | #2 | |
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And HTC did settle with MS, which makes me think that there may be some validity in their patent infringement claims. |
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04-27-2011, 01:48 PM | #3 | |
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04-27-2011, 02:30 PM | #4 | |
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In the end, B&N signed an extremely narrow agreement that applied only to a set of charts meant to illustrate MS' case. That left B&N free to put MS' conduct in approaching B&N out in the open and make it part of the litigation. They do discuss the patents at issue, and of course argue that they are invalid for various familiar reasons (mainly prior art and obviousness) on the one hand, but it seems to me they are really going for the jugular by giving specific instances of MS having unclean hands in regard to specific patents as well, and specific actions and statements by MS and Nokia that indicate plans to combine their patent portfolios offensively in a way that violates antitrust laws. All lawyer stuff, and I'm not one, but the thing is that by these means they build a case that is intended to support the quoted allegation, replying to a simple face-to-face fight over patents and licensing by trying to put MS on the defensive on multiple fronts, some of them perhaps criminal. Everything is arguable, and the judge will choose which parts end up in court, but B&N is not simply blowing hot air in their reply. |
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04-27-2011, 05:21 PM | #5 |
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The succinct summary by legal reporter Joe Mullin is interesting:
http://paidcontent.org/article/419-b...inate-android/ |
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04-27-2011, 05:27 PM | #6 |
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It's a hail mary manuever trying to, basicaly, flip the poker table over.
Since MS isn't doing anything that any other patent holder isn't doing, a B&N win on those terms would efectively end patent protection altogether. There are plenty of people that want exactly that but precious few courts willing to go along with it. And invoking antitrust against MS to defend a Googgle product...? Good luck with that, B&N. |
04-27-2011, 09:45 PM | #7 |
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04-28-2011, 12:01 AM | #8 |
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And people are still wondering why we don't give a shit about the plight of these companies? Take all you want (ebooks, movies, music, games, food), give what you can, but not to any of the large conglomerates if you can avoid it.
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