B&N Asks ITC To Reconsider Patent Misuse Defense

Law360, New York (February 10, 2012, 10:59 PM ET) -- Barnes & Noble Inc. on Wednesday asked the U.S. International Trade Commission to review a decision barring its affirmative defense against patent infringement claims over the Nook e-reader from Microsoft Corp., which the bookseller says misused patents in possible violation of antitrust law.

Barnes & Noble said ITC Administrative Law Judge Theodore R. Essex's Jan. 31 ruling “rests on both erroneous conclusions of law and a misstatement of the facts” and said the judge had mischaracterized the bookseller's factual allegations when he granted Microsoft's motion for...
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