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Appeals court overturns Eolas decision

malebolgia   on 02 March 2005 - 19:58 · 9 comments & 1327 views

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Microsoft on Wednesday claimed a victory in a high-profile Web browser patent dispute, as an appeals court partially reversed a lower court decision that left the software giant exposed to $565 million in damages.

The case, brought by the University of California and its Eolas spinoff, had riled the Web community over potential ripple effects that could have forced changes in millions of Web pages. "Today’s appeals court decision...is a clear victory not only for Microsoft, but for Internet users as well," Microsoft said in a statement. "We have maintained throughout this process that the Eolas patent is not valid and today's ruling is a clear affirmation of our position.

News source: C|Net News.com


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Post a comment · Send to friend Comments · There are 9 additional comments
#1 Ghostdraconi on 02 Mar 2005 - 20:03
Sadly I don't think this is the end of it.
#2 Express on 02 Mar 2005 - 20:08
Awesome news.
It would have been nightmare to change all of the Web sites and several plug-in based applications if Eolas had won.

#3 macrosslover on 02 Mar 2005 - 20:49
let this be a lesson to companies next time to sue and enforce your patents immediately not 7-8 years down the road after the industry has got settled.
#4 pepin on 02 Mar 2005 - 21:02
Do anyone mind to explain what the Eolas patent is? I mean in few words, I don't need a whole page...
(1 reply) #5 Judge Roy Bean on 02 Mar 2005 - 21:24
pepin,

In essence, Eolas was just a frontman (company) for the University of California at San Francisco, who claimed to have patented the entire idea of using plug-ins in any internet browser, in order that they could adapt to 'future' technologies. (Read that as anything beyond html or javascript coding.) Their patent was issued prior to any browser ever having that ability (1993). Absurd on the face of it, to be sure.

In my opinion, the trial phase found Eolas in the right due simply to the date that the patent was issued. In the normal course of events, this would ordinarily be a good decision. However......


macrosslover,

You're correct of course, it was the ultra-long delay in enforcing the patent that did Eolas in. Why the trial court ignored this "little datum" (sarcastically spoken), I'll never figure out.


Express,

Sorry, but a body of people/citizens/users/etc. won't be enough to stand in the way of money. If the patent were to have been upheld (and barring any further appeal), then we'd all have to change. You will note, however, that we haven't yet. Even if Eolas appeals to the Supreme Court, we still won't have to make any coding changes unless and until that decision comes down in their favor. But if they do, and it does, then you better brush up on your applet writing skills.


Ghostdraconi,

I fear that you're correct - there's too much money on the table, and the lawyers haven't gotten it all policed up yet. <sour grin>

So opines


Da Judge


Last edited by 48166 on 02 Mar 2005 - 21:30
#5.1 macrosslover on 02 Mar 2005 - 21:45
to add to what you're saying there were several developers saying eolas's patent was invalid from the start because they had plenty of prior work examples showing the plugin tech in works. they argued the patent should have never been awarded in the first place. whoever is right in that case, i'm glad that today it looks like eolas won't get a dime from anybody. if they fairly had the patent and sued immediately that would have been one thing, but to wait this long, that just stinks of greed.
#6 kowcop on 02 Mar 2005 - 22:08
I wouldnt mind having 565 million in my bank account for 12 months or more ;0)
#7 iCeFuSiOn on 03 Mar 2005 - 04:40
Go Microsoft! Those lawyers with the big iron fists... hehe.
#8 SquareSoft0 on 03 Mar 2005 - 05:52
Kinda gray, but MS is more in the right than anything. (Why go after MS when other browsers have the same function? They have the money!)

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