Microsoft v. Barnes and Noble et al.

Court:

  • Case Number: Inv. No. 337-TA-769

“Certain Handheld Electronic Computing Devices, Related Software and Components Thereof”

Next Event: Investigation terminated following settlement.

Summary:  Microsoft asserted that Barnes and Noble and the firms that produce its e-book reader infringe on five Microsoft patents, and requested a permanent exclusion order banning the importation and sale of the infringing products.

Timeline of Important Events:

  • March 21, 2011 – Microsoft files its initial Complaint. (Document #446812).
  • April 8, 2011 – Microsoft files an amended Complaint. (Document #448187).
  • February 26, 2010 – Barnes and Noble answers the Complaint, denying all alleged infringement and further asserting that the features Microsoft asserts claim to are trivial and highly obvious and do not serve as a basis for customer demand of the electronic book reader devices in question. (Document #450505).
  • May 19, 2011 – Named respondents Inventec (Document #451606) and Foxconn (Document #451140) respond to the Complaint, denying all alleged infringement.
  • October 5, 2011 – Barnes and Noble (Document #460839) and Inventec (Document #460843) file amended responses to the amended complaint.
  • November 9, 2011 – Microsoft and Foxconn, as well as named respondent Hon Hai, file a joint motion to partially terminate the investigation by withdrawing Foxconn and Hon Hai as respondents. (Document #463823). ALJ Essex grants the motion November 28. (Document #465326).
  • December 7, 2011 – Barnes and Noble moves for summary determination of no infringement of patent 6,957,233 (Document #466219), and moves for summary determination of the invalidity of patent 5,889,522. (Document #466229).  Both motions are denied by ALJ Essex on January 31, 2012. (Document #470573).
  • December 8, 2011 – Microsoft files for summary determination on the economic prong of the domestic industry requirement. (Document #466234).  The court grants the motion on February 6, 2012 (public version issued February 21). (Document #472348).
  • January 10, 2012 – Microsoft moves for partial termination of the investigation as to certain claims of all the asserted patents, including all claims of patent 6,339,780. (Document #468248). Motion granted by ALJ Essex on January 26. (Document #470037).
  • February 2, 2012 – Microsoft moves for partial termination of the investigation as to patent 5,889,522. (Document #470926).
  • February 7, 2012 – Hearings begin.
  • May 1, 2012The parties file a joint motion to stay the investigation following a settlement agreement. (Document #478956). Microsoft moves for partial termination of the investigation based on withdrawal of the amended complaint as to Inventec (Document #478961). Corrected version of motion issued the same day. (Document #478988). ALJ Essex grants the motion to stay the investigation. (Document #478996).
  • May 2, 2012 – The parties file a joint motion for termination following a settlement agreement. (Document #479195).
  • May 11, 2012 – ALJ Essex grants Microsoft’s motions of May 1. (Document #480024). (Document #480025).
  • May 29, 2012 – The Commission determines not to review the initial determinations terminating the investigation. (Document #481291).