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peter

Did Barnes & Noble steal the design from Spring Design's Alex?

Just got this email from Spring Design's PR rep, did Barnes & Noble steal the design?


Spring Design today filed a lawsuit to protect its Alex™ e-book intellectual property. The lawsuit asserts Barnes & Noble misappropriated trade secrets and violated the parties' non-disclosure agreement when it copied Alex' features into its recently announced Nook e-book.

"Spring Design unfortunately had to take the appropriate action to protect its intellectual property rights," said Spring Design Vice President of Sales and Marketing, Eric Kmiec. "We showed the Alex e-book design to Barnes & Noble in good faith with the intention of working together to provide a superior dual screen e-book to the market."

Spring Design first developed and began filing patents on its Alex e-book, an innovative dual screen, Android-based e-book back in 2006. Since the beginning of 2009 Spring and Barnes & Noble worked within a non-disclosure agreement, including many meetings, emails and conference calls with executives ranging up to the president of Barnes and Noble.com, discussing confidential information regarding the features, functionality and capabilities of Alex. Throughout, Barnes & Noble's marketing and technical executives extolled Alex's "innovative" features, never mentioning their use of those features until the public disclosure of the Nook.

Alex, with its unique Duet Navigator™, provides the capability for interaction and navigation techniques of the two screens and furthermore utilizes the capabilities of Android to enhance the reader's experience by supporting interactive access to the Internet for references and links. As the first in the market to offer an e-book with full Internet browsing while reading and with easy navigational control via its touch screen, Alex is well-positioned to offer the most dynamic and powerful reading device in the market.

Spring Design is focused at working strategically with book store partners to jointly develop the market and revolutionize e-book with interactive multi-media open Internet access. "It is our desire to resolve this matter so that we can move forward together to expand and grow this e-book market with enriched user experience, bringing readers to a new level of reading enjoyment," said Eric Kmiec.

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8 replies
ryan

I guess now we know why Spring Design pushed the Alex out the door even though they must have known B&N's nook announcement would trample their launch.

Unrelated, but now we also know what kind of Keywords Amazon is buying these days, too: www.flickr.com­/photos­/ryanblock­/4071101290­/sizes­/o...

B&N can definitely expect to get it from both sides!
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ThePale

My first reaction to the Nook was "really, from Barnes & Noble?". They are not known for electronics beyond clip-on book lights, so my gut reaction is they took the Alex concept and ran with it solo. They'll have to settle.
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BeTaRe

What's the possibility this could lead to an injunction against the sale of the Nook?
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JoseROrtiz

I would say Spring is looking to settle rather than stop the Nook from being sold all together. B&N has some deep pockets. At least I hope that's what happens. The Nook is the first e-reader that I'm actually excited about.
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phuoc

The two designs look very different to me so I really don't see the case.
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peter

That's not the issue, the claim is that B&N used Spring's technology and design for an Android-based reader with an LCD display, not that the final form factors are similar. Read the release.
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joeypore

Yeah,... it's a pretty convincing case.

Then again, the role Android plays in each respective reader is very unique. Given, they both use Android, but the functionality is completely different.

In addition, Android is an open platform... Either way, it'll be a tough case...
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gb3

If it weren't for the fact that B&N had signed Non-Disclosure Agreements with Spring Design and been on the ground floor of their Alex developments there really wouldn't be a case here as they could have chalked this up to coincidence at best. Would a, could a, should a ....
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