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ITC Throws Out B&N Antitrust Claims Against MS
N!NJA writes with an excerpt from a post by Florian Mueller: "Barnes & Noble's primary line of defense against Microsoft's allegations of patent infringement by the bookseller's Android-based devices has collapsed in its entirety. An Administrative Law Judge at the ITC today granted a Microsoft motion to dismiss, even ahead of the evidentiary trial that will start next Monday (February 6), Barnes & Noble's 'patent misuse' defense against Microsoft. [...] Prior to the ALJ, the ITC staff — or more precisely, the Office of Unfair Import Investigations (OUII), which participates in many investigations as a third party representing the public interest — already supported Microsoft's motion all the way. The OUII basically concluded that even if all of what Barnes & Noble said about Microsoft's use of patents against Android was accurate, it would fall far short of the legal requirements for a patent misuse defense."
They do, but at least they've (finally!) began putting in the disclosure that Mueller is a paid Microsoft shill.
Quo usque tandem abutere, Nimbus, patientia nostra?
Mueller is generally a very one-sided reporter. He is VERY one-sided when it comes to coverage of Android, i.e. hates it, and ALWAYs in favor of anything Apple.
IANAL - and have no real idea what the real net effect is on the lawsuit. I'll wait till there is some coverage on Groklaw to look for a real explanation of what the implications are. Granted - Groklaw is heavily pro anything FOSS, consequently it serves as a decent counter-point to Mueller.
Have you compiled your kernel today??
GPL does nothing to stop third-parties from asserting patents. The outcome would not have changed if Google GPLed android.
Fast Federal Court and I.T.C. updates
Not really:
The Latest on the Barnes & Noble Patent Misuse Defense - Some AntiFUD
And here's what an actual freakin IP attorney thinks. I remember when Mueller got backed into a corner on that site a while back - he was *way* out of his depth even with amateurs.
C|N>K