Former Microsoft courtroom nemesis David Boies will once again square off against the software giant, this time working on behalf of Barnes and Noble.
According to a filing with the United States International Trade Commission, the book retailer has retained Boies in its defense against allegations of patent infringement by Microsoft. In March, the company accused Barnes and Noble as well as the makers of its Android-based e-reader and tablet devices, in part, of infringing on patent that control the way users tab through various screens on the Nook e-reader and the Nook Color tablet, both of which run Android.
David Boies recently appeared on CBS's Face The Nation to discuss about his defense of same-sex marriages.
(Credit: CBSNews.com; screenshot by Jay Greene/CNET)
The brief notice of appearance, filed with the ITC yesterday and first reported by software patent blog Foss Patents, notes that Boies will serve as counsel in the matter to Barnes and Noble.
Boies is among the most high-profile antitrust lawyers in the country. He is currently representing National Basketball Association players in the dispute over the lockout by team owners. He is also is representing Oracle Corp. in its intellectual-property suit against Google.
In the tech world, Boies is best known for his dogged questioning of Microsoft executives during the landmark antitrust trial. Microsoft Chairman Bill Gates famously quarreled in his deposition with Boies over the meaning of words such as "concern" and "compete."
In the Barnes and Noble case, Boies will likely focus on the company's claims that Microsoft's patent-licensing tactics are an attempt to thwart competition with flimsy infringement claims. In an October 17 letter to Gene I. Kimmelman, the chief counsel for competition policy in the Justice Department's antitrust division, Barnes and Noble lawyer Peter T. Barbur argued that the agency should investigate Microsoft's actions.
Boies didn't immediate return calls for comment. Barnes and Noble and Microsoft declined to comment.
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