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Microsoft Sues Barnes & Noble for Patent Infringement Over Nook E-Readers

 & Chloe Albanesius Executive Editor, News

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Microsoft on Monday filed suit against Barnes & Noble for patent infringement regarding the retailer's Android-based Nook e-readers.

Microsoft holds patents relating to navigation and how Web sites display content; technology used on the Android platform, the software giant said. Microsoft has tried to come to a licensing agreement with Barnes & Noble regarding its Nook and Nook Color e-readers, but to no avail, the company said. The suit also targets Foxconn and Inventec.

"Unfortunately, after more than a year of discussions, Barnes & Noble, Foxconn and Inventec have so far been unwilling to sign a license, and therefore, we have no other choice but to bring legal action to defend our innovations," Horacio Gutierrez, corporate vice president and deputy general counsel for Microsoft, wrote in a blog post.

Microsoft said it has been able to come to an agreement with HTC regarding its Android-based smartphones, as well as with Amazon for its Kindle e-reader. Another holdout, however, is Motorola, which Microsoft also sued for patent infringement in October over its Android phones.

Microsoft filed the Barnes & Noble lawsuit with U.S. International Trade Commission and the U.S. District Court for the Western District of Washington.

The company said this is its seventh patent infringement suit in its 36-year history. "We simply cannot ignore infringement of this scope and scale," Gutierrez wrote.

Specifically, the Microsoft patents cover: ways to navigate through information provided by device apps via a separate control window with tabs; display of a webpage's content before the background image is received, allowing users to interact with the page faster; allowing apps to superimpose download status on top of the downloading content; permitting users to select text in a document and adjust that selection; and providing users the ability to annotate text without changing the underlying document.

"By bringing this case, we are protecting our investments on behalf of our customers, partners and shareholders – just as other companies do," Gutierrez wrote. "Our firm view remains, however, that licensing is the best way forward for the industry, and we will continue to prefer the licensing path to litigation."

A Barnes & Noble spokeswoman said the company does not comment on litigation.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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