Originally published October 15 2005
Important software patent granted to Eolas Technologies
by Mike Adams, the Health Ranger, NaturalNews Editor
The U.S. Patent and Trademark Office recently ruled on an important dispute between Microsoft and Eolas Technologies. After reviewing the evidence, the office found that the patent for interactive applications (called plug-ins) belongs to Eolas Technologies. Microsoft's Internet Explorer will have to pay licensing fees in order to use the technology.
The U.S. Patent and Trademark Office (USPTO) this week dealt Microsoft (Nasdaq: MSFT) Latest News about Microsoft a blow that may not be a knock-out punch, but comes pretty close to hobbling its argument that Internet Explorer (IE) does not infringe on a Web browser patent because prior art makes the patent invalid.
The USPTO reviewed and reaffirmed the patent owned by the University of California and licensed exclusively to Eolas Technologies.
Microsoft will have to redesign IE, the most widely used Internet browser by far, if it loses the suit and cannot come to a licensing agreement with Eolas.
"That decision is certainly going to make it harder for Microsoft in court," Bruce Sunstein, a patent attorney with Bromberg and Sunstein, told TechNewsWorld.
Sunstein said the standard for invalidating the patent is "clear and convincing" evidence that this prior art is within the scope of the claims of the patents.
Considering that the USPTO just validated the patent, that argument will be tough to make.
The university and Eolas first sued Microsoft in 1999 and won the civil case in 2003, with the jury awarding Eolas $520.6 million in back royalty fees and interest.
Microsoft appealed, but a Chicago District Court upheld the verdict in January 2004, and also banned the company from distributing the infringing software Get your FREE Oracle Database Software Kit today!.
That injunction was stayed during the appeals process.
Microsoft argued that it should have been allowed to present the browser Viola, which it said constituted prior art, but the trial judge excluded that evidence.
The software giant won its appeal and will get another trial in District Court, however, in order to win the case, Microsoft must prove the patent invalid.
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