Microsoft has dropped one of the five claims it made against Barnes & Noble in its patent-infringement lawsuit.
In March of last year, Microsoft filed suit, alleging various infringements. The one just dropped dealt with the use of tab controls. Microsoft asserts that the claim was dropped to “streamline” the issues, and that it was not a concession on its part. Barnes & Noble, on the other hand, argued that tab controls simply were not patentable to begin with.
While I am not an attorney of any sort, much less a patent attorney, it seems to me that by dropping this issue, Microsoft has neatly avoided a ruling that Barnes & Noble’s declaration was, in fact, correct, thereby saving themselves the patent.
There are now only three claimed infringements remaining.