As part of a separate lawsuit in which Barnes & Noble pre-emptively sued chipmaker LSI to mitigate against accusations that the Nook e-reader line infringed on the company’s patents, Judge Edward Chen of California’s Northern District denied LSI’s motions to dismiss 8 of BN’s defenses, including “non-infringement, invalidity, unenforceability, persecution history estoppel/judicial estoppel, no injunctive relief, license and failure to state a claim.” Chen said BN “had adequately pleaded factual allegations of misconduct by Lucent, LSI’s predecessor, which included failure to disclose rules of standard-setting organizations” and that the conduct could fall under the grounds of unforceability. “Indeed, a contrary […]
