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Patent office to re-examine Eolas patent

Daniel Fleshbourne   on 12 November 2003 - 09:35 · 13 comments & 595 views

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The U.S. Patent and Trademark Office has stepped squarely into a fight roiling the Web by agreeing to re-examine the Eolas patent for a browser plug-in, a development likely to bring cheer to Microsoft and software patent foes alike. The 906 patent, owned by the University of California and licensed exclusively to one-man software company Eolas, describes how a Web browser can use external applications. The patent also earned that school and company a $521 million judgment after a federal jury found that Microsoft's Internet Explorer browser infringed on it.

After Microsoft made public planned changes to IE that held the potential to break millions of Web sites, the World Wide Web Consortium (W3C) last month urged the USPTO to re-examine the so-called 906 patent in light of W3C technologies that it said predated Eolas' patent. Specifically, the consortium pointed out early HTML drafts by W3C Director Tim Berners-Lee and W3C staff member Dave Raggett that it said qualified as prior art in the case.

The W3C's public call came as part of a larger campaign to identify prior art relevant to the Eolas case. Prior art is a similar invention that predates a patent, therefore invalidating it. The USPTO responded quickly to the W3C's request, and on Oct. 30 the office initiated an order for re-examination. On Monday that order was docketed to the patent examiner. "A substantial outcry from a widespread segment of the affected industry has essentially raised a question of patentability with respect to the 906 patent claims," Stephen Kunin, the USPTO's deputy commissioner for patent examination policy, wrote in his order for re-examination. "This creates an extraordinary situation for which a director-ordered examination is an appropriate remedy."

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News source: news.com


This is a cumulative update that includes the functionality of all the previously-released updates for Internet Explorer 5.01, Internet Explorer 5.5, and Internet Explorer 6.0. Additionally, it eliminates the following five newly-discovered vulnerabilities:
  • Three vulnerabilities that involve the cross-domain security model of Internet Explorer
  • A vulnerability that involves the way that zone information is passed to an XML object within Internet Explorer
  • A vulnerability that involves performing a drag-and-drop operation during dynamic HTML (DHTML) events in Internet Explorer.


Note: As with the previous Internet Explorer cumulative updates that were released with bulletins MS03-004, MS03-015, MS03-020, MS03-032, and MS03-040, this cumulative update causes the window.showHelp( ) control to no longer work if you have not applied the HTML Help update. If you have installed the updated HTML Help control from Knowledge Base article 811630, you will still be able to use HTML Help functionality after you apply this update.

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(5 replies) #1 antsy on 12 Nov 2003 - 11:45
Yeah Microsoft Bribed somone
#1.1 bluebsh on 12 Nov 2003 - 12:11
oh hush, the patent isnt valid to start with.
#1.2 werejag on 12 Nov 2003 - 14:13
so the sheep has spoken
#1.3 acidic-e- on 12 Nov 2003 - 18:53
Well for one MS did not have to bribe anyone at all. They have already been working on a fix for IE for XP SP2 that will negate how the plugins work. So why would they bribe someone? This is not MS this is the WC3 doing this and I find it funny. Eolas needs to stfu and sit down. HE is going to lose and lose big.
#1.4 ryuh3d on 12 Nov 2003 - 19:50
Obviously you don't realize this antsy -- but if Eolas does win it will change how active x works, Java, Shockwave animations, VRML, etc... It is not just effecting Microsoft. Companies would no longer be able to "launch" a new app inside of Internet Explorer. if you wanted to watch a flash animation you would have to launch flash and visit a specific URL.

Thanks for playing though. Do a little research before you start saying crap...

That is why the W3C doesn't want this changed. It hurts MS and a ton of other companies (including Netscape, Opera, etc...). A lot of people will have to change how their stuff is handled.
#1.5 chilliadus on 12 Nov 2003 - 21:07
Yeah well said, but how do we know that someone didn't bribe you? lol
#2 dougkinzinger on 12 Nov 2003 - 13:22
AWESOME!!!!!!!!
#3 weenur on 12 Nov 2003 - 18:49
I love how this Eolas has only gone after MS. Every other browser on the planet has plug-in capability. He's only bothered by MS using the idea? Gimme a break. $$$$$
#4 Zepolcire on 12 Nov 2003 - 19:34
I agree. What a freaking moron Eolas is.
(1 reply) #5 rafter109 on 12 Nov 2003 - 21:53
I like how you people speak as if Eolas is a person, If I remember correctly, wouldn't it happen to be an organization?
#5.1 frankchn on 13 Nov 2003 - 01:41
because it is a one-man company
#6 beatlesdb on 12 Nov 2003 - 22:10
I agree with weenur the one man Eolas has been siting on this for a long time waiting for the right moment - I would not be surprised if the University is having funds problems. Why does he not sue Netscape? or even Mosaic which is what all browsers are based on? I think this has more to do with money than any infringements - it's a sad world we live in.
#7 bryonhowley on 13 Nov 2003 - 06:00
If he was going to sue it should have been years ago. I mean how long have browsers used plug-ins now?

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