Samsung, HTC, Dell, etc... all have other cross cutting businesses that could influence whether they play ball with MS on issues like mobile patents, B&N has no such constraints.
EDIT: In addition the Nook is probably the lone shining star in the B&N business, they can't surrender a single point of margin if they don't have to. If the Nook becomes untenable as a business B&N could become untenable as a business and sooner or later they'll go the way of Borders Books.
Every time I go in to a B&N physical store, it's packed. They're one of the few stores I'll go to just for the experience of going in there. They're relaxing. They're pleasant places to be.
Certainly, book sales face stiff online competition, but I find it hard to believe that a company with 705 physical locations that people want to be in, (plus 636 college book stores), can't find a way to make a profit even if the Nook should fail.
My local store is renovating about 1/4 of their floor space to be occupied by Nook products. When you walk in to the store, your are greeted by a salesperson who asks if you are buying a Nook.
BN.com has made its prices competitive with Amazon (finally!). I got an offer for a BN credit card, similar to the Amazon Visa, in the mail a few days ago. BN might finally be making a real play against Amazon. It might be too late, but it's nice to finally find them in the game.
I wonder of BN's stores will evolve in an Apple Store-like direction, with physical book sales that happen to match online prices.
I don't think it's too late - Amazon has a philosophy that seems to indicate different strengths than B&N. Apple has proven that brick&mortar stores combined with a powerful brand can work for content and device sales.
Further, in order for B&N to thrive, Amazon doesn't have to lose...
And there's the problem - it's packed because people are in there just for the experience of going in there. That doesn't pay the bills.
Perhaps it would make sense to have fewer aisles and make the whole store more cafe-like? It would be different from what they have now, but if the alternative is slowly going out of business due to online competition, it would be a way to do something online simply can't do.
Isn't B&N one of the few places to still carry a large selection of Music?
They really have little to lose by pursuing this case which really frees up their legal team politically.