I’m sure most in the mobile space knows that anyone that pushes out an Android based device ends up having to fork over royalties to Microsoft to license patents to do with Android that Microsoft holds and Microsoft has previously claimed Barnes and Noble infringes on said patents with the B&N Nook as Barnes and Noble recently unveiled the Nook tablet, also an Android based slate, Microsoft will no doubt be looking for their slice of the B&N pie.

However, according to an article over on Slash Gear by way of Bloomberg, it appears that Barnes and Noble is prepared to put up a bit of a fight against handing over a slice of dosh to Microsoft and as such ha asked US regulators to investigate Microsoft to see if whether Microsoft is attempting to monopolize with mobile device market.

Apparently B&N are accusing Microsoft and others of using patents to boost the cost of rival devices that use the Android platform and thus take away from Windows device sales.

In a letter to the chief counsel for competition policy for the Justice Department, Gene Kimmelman, Barnes and Noble wrote, “Microsoft is embarking on a campaign of asserting trivial and outmoded patents against manufacturers of Android devices. Microsoft is attempting to raise its rivals’ costs in order to drive out competition and to deter innovation in mobile devices.”

Microsoft has said in a statement, “All modern operating systems include many patented technologies. Microsoft has taken licenses to patents for Windows and we make our patents available on reasonable terms for other operating systems, like Android. We would be pleased to extend a license to Barnes & Noble.”

Apparently B&N, without providing any figures, said that Microsoft is demanding “the same amount in patent fees that it would charge users of its Windows Phone operating system.”

Microsoft spokeswoman Laura Young said Microsoft has no comment on the Barnes and Noble filing. The case is scheduled for a hearing in February in Washington.

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