Barnes & Noble told to pay $267,000 over e-reader infringement


Barnes & Noble told to pay $267,000 over e-reader infringement

Jonathan Weiss /

US-based book retailer Barnes & Noble (B&N) has been ordered to pay nearly $267,000 for patent infringement.

Adrea, based in the US, originally brought its suit against B&N at the US District Court for the Southern District of New York in June 2013.

In the suit, Adrea argued that B&N had wilfully infringed its patents, US numbers 7,298,851; 7,299,501; and 7,620,703.

The ‘851 is titled “Electronic book security and copyright protection system”, while the ‘501 is called “Electronic book selection and delivery system having encryption and security features”. The ‘703 patent is titled “Topical service provides context information for a home network”.

B&N allegedly infringed the patents through its Nook e-reader products, which included the Nook HD+, Nook Simple Touch, Nook Tablet and Nook 1st Edition.

Adrea asked for triple damages, interests, costs, attorneys’ fees and a trial by jury.

In 2014, a jury found B&N liable for infringing the ‘703 and ‘501 patents, but said that the infringement was not wilful.

The jury awarded Adrea $1.33 million in damages.

However, in July 2015, the southern district court granted B&N’s pre-trial motion that the ‘501 patent was invalid.

As a result, the court ordered a limited new trial in order to determine damages for the ‘703 patent.

Ten days before the trial, the US Supreme Court ruled in the Halo v Pulse and Stryker v Zimmer cases.

The Supreme Court reduced the standard for finding wilful infringement which, according to the latest suit, prompted Adrea to move for a new determination on wilfulness in its case with B&N.

Accordingly, B&N and Adrea agreed to a three-day bench trial.

On December 27, District Judge Jed Rakoff awarded (pdf) Adrea $266,832 for B&N’s non-wilful infringement of the ‘703 patent.

Adrea has until January 9 to submit its pre-judgment calculations to be added to the final amount. 

Barnes & Noble, Adrea, e-books, Nook, US Patent and Trademark Office, Judge Jed Rakoff, patent infringement, patent, tablet,

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