NEW YORK (Reuters) - Billionaire investor Ron Burkle plans to appeal a Delaware court ruling that upheld an anti-takeover "poison pill" put in place by bookseller Barnes & Noble Inc .
Burkle, who owns 18.8 percent of Barnes & Noble's shares and is its second largest shareholder, is locked in a proxy battle with the largest U.S. bookstore chain. He is seeking to install three directors, including himself, at the company's annual meeting later this month.
A Delaware Chancery Court judge in August ruled that the poison pill would not prevent Burkle from winning a proxy contest.
Burkle's investment firm, Yucaipa Companies, said in a statement that the case should be decided by the Delaware Supreme Court.
A Barnes & Noble spokeswoman did not immediately respond to request for comment.
(Reporting by Phil Wahba, Editing by Phil Berlowitz)
