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Barnes & Noble Charges Microsoft with Misusing Patents

groklaw.net

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Re: Barnes & Noble Charges Microsoft with Misusing Patents

#2
Anyone have any real insight on what chance B&N has? Reading this they seem to be asking for 1 - the entire thing to be thrown out (including the patents) and failing this 2 - a trial by jury.

How likely is #1 (i can only assume _everyone_ asks for this..)? Are cases like this normally heard by a jury? Are B&N's claims actually solid? Is there any chance of other companies supporting B&N?

Everything about this reminds me of First they came... http://en.wikipedia.org/wiki/First_they_came%E2%80%A6

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#3
BN seems to want to make this something it isn't. It's a standard patent infringement suit, with licensing opportunity. BN's motive speculations don't add anything as using patents against competitors is common.

The whole Nokia thread is odd. They're not a party in any way of this lawsuit. And furthermore IP cross licensing amoung partners is extremely common, if not the flat out norm.

BN should stick with trying to invalidate the patents, and not conspiracy theories.

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#4

BN seems to want to make this something it isn't. It's a standard patent infringement suit, with licensing opportunity. BN's motive speculations don't add anything as using patents against competitors is common. The whole Nokia thread is odd. They're not a party in any way of this lawsuit. And furthermore IP cross licensing amoung partners is extremely common, if not the flat out norm. BN should stick with trying to…

Just because it's the norm doesn't mean it's right. There are plenty of things that companies used to do that are now illegal because they ensure monopolies or otherwise disrupt the economy.

I wouldn't be surprised to see that patent cross-licensing like this turns out to be one of those things in the future.

I have to agree that it would be better to invalidate the patents, but sometimes you have to settle for what you can get.

And hopefully it'll be another step towards patent reform.

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#5

BN seems to want to make this something it isn't. It's a standard patent infringement suit, with licensing opportunity. BN's motive speculations don't add anything as using patents against competitors is common. The whole Nokia thread is odd. They're not a party in any way of this lawsuit. And furthermore IP cross licensing amoung partners is extremely common, if not the flat out norm. BN should stick with trying to…

Just because it's the norm doesn't mean it's right. There are plenty of things that companies used to do that are now illegal because they ensure monopolies or otherwise disrupt the economy. I wouldn't be surprised to see that patent cross-licensing like this turns out to be one of those things in the future. I have to agree that it would be better to invalidate the patents, but sometimes you have to settle for what…

But MS plus Nokia isn't near a monopoly in mobile devices. Google plus Apple maybe, but MS/Nokia are currently hanging on for life in this market.

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#6

BN seems to want to make this something it isn't. It's a standard patent infringement suit, with licensing opportunity. BN's motive speculations don't add anything as using patents against competitors is common. The whole Nokia thread is odd. They're not a party in any way of this lawsuit. And furthermore IP cross licensing amoung partners is extremely common, if not the flat out norm. BN should stick with trying to…

Intent is important. Microsoft is using those patents to disrupt an ecosystem it deems threatening to its need to (illegally) leverage its desktop OS monopoly into the mobile space in order to gain market share there. Android is a threat to Microsoft's desktop market because it furthers the trend away from PCs and towards mobile devices.

Microsoft is also using its "war chest" to threaten less well financed players with long and expensive legal battles, the costs of which it can cover rather easily.

Oh yes, I am criticizing Microsoft. Let the karma burn.

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#7

Earlier quoted context omitted.

Just because it's the norm doesn't mean it's right. There are plenty of things that companies used to do that are now illegal because they ensure monopolies or otherwise disrupt the economy. I wouldn't be surprised to see that patent cross-licensing like this turns out to be one of those things in the future. I have to agree that it would be better to invalidate the patents, but sometimes you have to settle for what…

But MS plus Nokia isn't near a monopoly in mobile devices. Google plus Apple maybe, but MS/Nokia are currently hanging on for life in this market.

And that makes me believe Microsoft will do anything to gain share there (or to, at least, extract some revenue from the other players in the space).

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#8
post #6

BN seems to want to make this something it isn't. It's a standard patent infringement suit, with licensing opportunity. BN's motive speculations don't add anything as using patents against competitors is common. The whole Nokia thread is odd. They're not a party in any way of this lawsuit. And furthermore IP cross licensing amoung partners is extremely common, if not the flat out norm. BN should stick with trying to…

Intent is important. Microsoft is using those patents to disrupt an ecosystem it deems threatening to its need to (illegally) leverage its desktop OS monopoly into the mobile space in order to gain market share there. Android is a threat to Microsoft's desktop market because it furthers the trend away from PCs and towards mobile devices. Microsoft is also using its "war chest" to threaten less well financed players w…

That's a stretch. Especially since the largest players over to past decade haven't been attacked in this way by MS... Apple, Palm, RIM.

In the tablet space even Android is a niche player compared to the iPad. Additionally until recently the Nook was pretty much just an eReader, with the most popular software client running on Windows.

My point is this is a stretch, like any good conspiracy theory.

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#9
post #6

Earlier quoted context omitted.

Intent is important. Microsoft is using those patents to disrupt an ecosystem it deems threatening to its need to (illegally) leverage its desktop OS monopoly into the mobile space in order to gain market share there. Android is a threat to Microsoft's desktop market because it furthers the trend away from PCs and towards mobile devices. Microsoft is also using its "war chest" to threaten less well financed players w…

That's a stretch. Especially since the largest players over to past decade haven't been attacked in this way by MS... Apple, Palm, RIM. In the tablet space even Android is a niche player compared to the iPad. Additionally until recently the Nook was pretty much just an eReader, with the most popular software client running on Windows. My point is this is a stretch, like any good conspiracy theory.

ahh, but it's not that MS IS a monopoly in the market, it's that MS is using a current monopoly to leverage into another market.

Re: Barnes & Noble Charges Microsoft with Misusing Patents

#10
post #6

Earlier quoted context omitted.

Intent is important. Microsoft is using those patents to disrupt an ecosystem it deems threatening to its need to (illegally) leverage its desktop OS monopoly into the mobile space in order to gain market share there. Android is a threat to Microsoft's desktop market because it furthers the trend away from PCs and towards mobile devices. Microsoft is also using its "war chest" to threaten less well financed players w…

That's a stretch. Especially since the largest players over to past decade haven't been attacked in this way by MS... Apple, Palm, RIM. In the tablet space even Android is a niche player compared to the iPad. Additionally until recently the Nook was pretty much just an eReader, with the most popular software client running on Windows. My point is this is a stretch, like any good conspiracy theory.

The fact Android is a niche player in the current market is more or less irrelevant. What's relevant is the desktop market will become less and less important because of a shift towards server-based computing and mobile (or thin) clients.

This threatens the survival of Microsoft like no previous player (like you mentioned, Apple, Palm and RIM) did and that alone is enough to explain Microsoft's lack of action at the time. Mobile devices and easy connectivity signal the end of the only market Microsoft has been able to dominate completely.

What would you do in their shoes?

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