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ITC attorney advises Barnes and Noble did not infringe Microsoft's patents
CLOSED SOURCE SOFTWARE HOUSE Microsoft looks set to lose its attempt to get Barnes and Noble's Nook tablet banned.
Microsoft had gone to the US International Trade Commission (ITC) in a bid to halt the import of Barnes and Noble's Nook tablet and ebook reader, claiming the device infringes three of its patents. Unlike most firms, Barnes and Noble decided to fight Microsoft instead of paying up, a decision that now looks likely to pay off.
Jeff Hsu, a staff attorney at the US ITC told Bloomberg that he was recommending to ITC Judge Theodore Essex that Barnes and Noble does not infringe Microsoft's patents with its Nook devices. Judge Essex is expected to release his findings on 27 April.
Barnes and Noble's Nook tablet is essentially a cut price Android tablet, and while the company hasn't seen it gain the same sort of market share as Amazon's Kindle and Kindle Fire, it has a lot riding on the device. Interestingly, Amazon has licensed at least one of the patents being fought over for its Kindle Fire tablet.
Microsoft has been raking in tens of millions through its Android licensing programme, with the majority of large Android smartphone and tablet makers opting to pay Microsoft rather than fight the firm in court. However Barnes and Noble's decision to fight Microsoft might save it and other Android device makers some cash. µ
Tags: Microsoft
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Well if that is really the case then, hmmm maybe all the android manufacturers should pool their legal and technical resources together and have all the MS partners pertaining to Android invalidated.
If the settlement involves a contract that's built on false claims by Microsoft, the most likely outcome is that payments will cease, but short of the Android licensee filing suit, they aren't likely to recover any payments already made to MS.
If the settlement involves a contract that's built on false claims by Microsoft, the most likely outcome is that payments will cease, but short of the Android licensee filing suit, they aren't likely to recover any payments already made to MS.
then I suppose it's too late to un-settle?