Barnes & Noble complains to DOJ about Microsoft patent shakedowns

Rich Fiscus
11 Nov 2011 9:44

As the popularity of Android has grown, so has the threat of patent infringement lawsuits against device makers.
Although Apple's lawsuits have gotten the lion's share of attention, Microsoft's threats of patent suits are arguably making just as big an impact on Android vendors.
Barnes & Noble, maker of the Android powered Nook Color and Nook Tablet, think that warrants antitrust action by the US Justice Department.
They are not alone in their criticism of Microsoft either. In a recent interview, Google's chief patent attorney characterized Microsoft's patent suit threats, which have resulted in licensing deals with major manufacturers like Samsung and Acer, as a reaction to their own failure in the market.
Barnes & Noble is going further. They are asking the DOJ to investigate Microsoft for using patents to keep new players out of the market.
Barnes & Noble sent a letter to a key Justice Department official last month alleging (via Bloomberg):

Microsoft is embarking on a campaign of asserting trivial and outmoded patents against manufacturers of Android devices. Microsoft is attempting to raise its rivals? costs in order to drive out competition and to deter innovation in mobile devices.

The letter points to recent patent purchases made by Microsoft in partnership with other companies, including Apple and Nokia, who are already established players in the handset and mobile device markets.
Other sources indicate Barnes & Noble says Microsoft refuses to even disclose what patents they are supposedly in violation of. A letter to another DOJ official states (via CNet):

When Barnes & Noble asked Microsoft for more detailed information related to these patents, Microsoft refused, claiming that the information was confidential and could not be shared, unless Barnes & Noble first executed a non­disclosure agreement.

This is hardly surprising. In the past Microsoft has made a number of vague claims about supposed patent infringement in Linux where they have similarly failed to detail any specifics.
Microsoft's response to these allegations has been a similar non-answer in which they simply state, "All modern operating systems include many patented technologies."
In reality, it's likely Barnes & Noble is wrong about Microsoft's motivations. It is actually more likely they are hedging their bets against Windows Phone failing.
If they can collect the same royalties from Android handsets they would get from Windows Phone units, as long as one or the other succeeds they win. If both succeed, their payoff is even greater.
More importantly, Android licensing costs them nothing. Other companies do all the work for them.