Microsoft and Barnes Noble have settled their patent dispute and are forming a new venture to focus on e-reading and the education market.
The pair today announced the formation of NewCo, which will include Barnes Noble’s digital and college businesses. NewCo will create a Nook e-reading application for Windows 8, as well.
Barnes and Noble will own 82.4 percent of the new subsidiary, and Microsoft will make a $300 million investment in the still-to-be-named NewCo and hold a 17.6 stake in the company. (None of Microsoft’s employees will be moving to the new subsidiary, a spokesperson told me.)
Here are a couple of things I found interesting about today’s announcement:
1. The Microsoft representative quoted in the press release is Microsoft President Andy Lees. Lees was moved from heading the Windows Phone business back in December 2011. His new role, Microsoft execs said at that time, was unspecified special projects that would be focused on Windows Phone and Windows 8. Today’s press release doesn’t mention Windows Phone at all, but perhaps this new subsidiary also will be doing a Nook reader app for Windows Phone 8. Update: A Microsoft spokesperson said Lees was the one spearheading this deal for Microsoft.
2. The settlement piece of today’s announcement was buried in the press release. I’m thinking the creation of NewCo was one of the terms of the settlement, though so far, neither company is sharing any details of how their cantankerous patent dispute was tabled. BN was one of the last companies to hold out from paying Microsoft royalties for publicly unspecified patents which Microsoft is claiming are infringed on by
Android. Was today’s creation of NewCo predicated on BN settling with Microsoft? Does BN still have to pay Microsoft royalties on every Nook sold as part of the settlement? (Update: The answer to that one is yes, according to a Microsoft spokesperson.) No word on any of these questions so far, and I’m kind of doubtful there will be any more specifics shared about the settlement.
3. Microsoft execs have been playing up in recent public appearances the pending availability of some kind of a dedicated Metro-based e-reader. This has seemed odd to a number of us Microsoft watchers, given the official Microsoft stance that Windows 8
tablets running a Kindle and/or Nook application would be just as good an e-reader as a dedicated device. Now, given today’s NewCo announcement, I wouldn’t be surprised to see a Windows 8-based Nook reader from BN.
(Here’s some background on this, according to one source: One of my contacts had told me a while back that Microsoft was working on an e-reader with BN. The plan supposedly was that Microsoft would build the e-reader and BN, the bookstore. Supposedly, my contact said, BN dropped out, and shortly thereafter, Microsoft was working on the Courier, which could double as both a notetaking and reading device.)
Microsoft and BN are holding a press conference this morning (8:30 am ET) and I’ll update this story with more if and when there’s more to say….
This story originally appeared at ZDNet under the headline “Microsoft and Barnes Noble settle patent dispute; create new subsidiary.”