B&N's Patent Misuse Defense Booted In Microsoft's Nook Suit

Law360, New York (February 1, 2012, 3:43 PM EST) -- Barnes & Noble Inc. cannot defend itself against Microsoft Corp.'s patent infringement claims over the Nook e-reader, which uses Google Inc.'s Android operating system, by arguing that Microsoft misused its patents in possible violation of antitrust law, a U.S. International Trade Commission judge ruled Tuesday.

The Nook maker had asserted an affirmative defense alleging that Microsoft's patents were unenforceable due to misuse because the software giant charges "shockingly high" fees to license the patents in an effort to make the Android operating system unattractive to consumers....
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