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Microsoft to face patent violation claims today

NTUsEr   on 08 July 2003 - 10:07 · 14 comments & 857 views

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Microsoft will find itself in dock (again) today when the patent infringement case brought against it by little-known, privately owned technology developer Eolas comes to the US District Court for Eastern Illinois.

At the heart of the case is a patent granted to the University of California but administered by Eolas, a firm set up in 1994 the inventors of the technology described in the patent to capitalise upon it. Indeed the Regents of the University of California are named as joint plaintiffs in the case. The patent in question is number 5,838,906, entitled 'Distributed hypermedia method for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document'. Filed in October 1994, the patent was granted in November 1998. Essentially it describes how a user can use a web browser to access and execute a remotely stored program object that has been embedded in a web page.

Eolas contends that Microsoft's ActiveX technology does just that and more to the point does so without Eolas' permission. Its 1999 suit originally named Windows 95 and 98, and Internet Explorer as offending items, and demands they be banned from sale. Those versions of Windows have long been superseded, but Eolas may yet add other versions of the operating system to its complaint. The suit also seeks unspecified damages from Microsoft based on sales of those products within the US and outside it. Microsoft tried to have the judgement on the level of damages restricted to US sales only, but the case judge, James B Zagel, recently denied that motion.

News source: The Reg


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News source: Patchou's Statement

Post a comment · Send to friend Comments · There are 14 additional comments
(5 replies) #1 Eduardo on 08 Jul 2003 - 12:14
This is ludicrous!
I will patent today: 'A method to make car fly', sit and wait that an auto-maker eventualy make it and sue them.
#1.1 bluebsh on 08 Jul 2003 - 12:35
the annoying thing, there is thousands of patents out there. developing tech is getting impossible, because to be legal you have to research every little thing you do or your going to get sued by someone.
#1.2 Jason on 08 Jul 2003 - 12:43
Hay I patented that sentence, see you in court
#1.3 Xeron on 08 Jul 2003 - 13:05
One of the reasons that you cannot patent software in the UK

When are they sueing Sun for web based Java Applets BTW ???
#1.4 Damien on 08 Jul 2003 - 14:05
QUOTE (#1.3)
When are they sueing Sun for web based Java Applets BTW ???

They won't sue Sun because Sun doesn't have 40 billion in the bank. These days it less about the technology and "integrity" and it's more and more about the 'Benjamins'.

If they were going to be "fair" they would have sued Sun as well. Of course they might claim Java doesn't violate the patent while ActiveX does. Then again, the University of California at Berkley is where UNIX originated as well... Gee, I wonder if they're a bunch of anti-MS people...
#1.5 Xeron on 09 Jul 2003 - 16:36
I was just joking
#2 Tom Servo on 08 Jul 2003 - 13:45
OMFG Isn't there some method that isn't patented? I'm going to make a ****ing patent on a Butt-to-toiletbowl spacer utility and sue everyone that makes toilet seats! How about that one?
(1 reply) #3 edgrale on 08 Jul 2003 - 14:09
I hate to bring this to you, but I will sue anyone who is going to apply for a patent.
I own the patent for patenting stuff!
#3.1 Krome on 08 Jul 2003 - 22:06
good humor.. lol
#4 Bezzer on 08 Jul 2003 - 14:44
I think they should make a law where only if they can prove that their patent was directly copied, they can sue.
#5 Mr. Black on 08 Jul 2003 - 16:26
How many more ppl are going to sue Microsoft...good god...
(1 reply) #6 Xenobane on 08 Jul 2003 - 22:36
Maybe I should patent Windows 2100, so my son is gonna win a bomb.
#6.1 el22 on 09 Jul 2003 - 19:39
heh...

good idea
#7 Xeron on 09 Jul 2003 - 16:40
As I said earlier, the UK has this sorted a bit better. In the UK, you cannot patent:

* Scientific theories
* Mathematical methods
* A literary, dramatic, artistic or musical work
* A presentation of information
* A scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer

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