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Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Monday, 6 February 2012

ITC judge throws out Barnes and Noble's patent defense against Microsoft

By posted Feb 1st 2012 10:53AM Microsoft's patent dispute with Barnes and Noble is likely far from over, but the spat saw some movement today, when a judge at the International Trade Commission rejected the bookseller's patent misuse claim. In his ruling, ITC Judge Theodore Essex threw out B&N's argument that Microsoft is misusing its patents against Android, effectively nullifying the company's major defense against Redmond. Microsoft, as you'll recall, is targeting the retailer and its Nook e-reader for allegedly infringing upon a (declining) number of its Android-related patents. Essex's decision is still subject to review from a six-member panel, but Microsoft is already heralding his decision as an early victory. "Today's action by the ITC makes clear that Barnes & Noble's patent misuse defense was meritless," Microsoft Deputy General Counsel David Howard said in a statement. "This case is only about one thing -- patent infringement by Barnes & Noble's Android-based devices." Barnes and Noble, meanwhile, said it has no comment. A full trial on the case is scheduled to begin on February 6th.

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Sunday, 22 January 2012

Judge attacks Oracle's 'stratospheric' damages claim against Google, postpones trial

By posted Jan 17th 2012 2:27AM Everything we've heard about Judge William Alsup tells us he's a guy you don't mess with -- and yet Oracle seems bent on doing precisely that. When the company initially demanded $6.1 billion from Google in recompense for alleged violations of its Java patents, Alsup laughed that figure out of court and suggested $100 million might be closer to the mark. Ellison's crew then came back with a revised claim of $2 billion, which we just knew would lead to another smackdown. Well, here it is: the judge has now cancelled the latest trial date (which had been scheduled for March) and refused to set a new one until the claimant stops using "improper methodologies" for assessing damages, which are "obviously calculated to reach stratospheric numbers." Perhaps Oracle should try something more tropospheric?

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