Barnes & Noble and Microsoft are currently tied up in two separate legal battles, one being heard by the Department of Justice and the other by the International Trade Commission. In March 2011, like previous Android vendors, Microsoft accused Barnes & Noble’s NOOK and NOOK Color of infringing on the company’s patents. The software giant, which takes in roughly $450 million a year through Android royalties, was looking to license the infringed patents to the bookseller, but the company fired back with claims that Microsoft was creating an abusive monopoly. It is now being suggested by patent expert Florian Muller of FOSS Patents that the ITC is likely to reject Barnes & Noble’s antitrust complaint against Microsoft, however. The complete order is not publicly available, but an administrative law judge has reportedly dismissed Barnes & Noble’s patent misuse defense against Microsoft . The judge issued a detailed order that has not yet been made public, but the headline reads, “Initial Determination Granting Microsoft’s Motion for Summary Determination of Respondents’ First Affirmative Defense of Patent Misuse.” The ITC evidentiary hearing will begin on Monday, February 6th.

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Dan joins the BGR team as the Android Editor, covering all things relating to Google’s premiere operating system. His work has appeared on Fox News, Fox Business and Yahoo News, among other publications. When he isn’t testing the latest devices or apps, he can be found enjoying the sights and sounds of New York City.