Microsoft Appeal Against Eolas Ruling To Be Heard This Week
Microsoft's appeal against a ruling delivered last year which stated that it
improperly used patented intellectual property owned by Eolas Technologies and
the University of California is set to commence on Thursday. The jury verdict, upheld by Judge James Zagel in January, ordered the software
giant to pay out $520.6 million in damages over its infringement of Eolas' patent,
which allows internet users to access "plug in" applications embedded
in web pages. Following pressure from the software industry, the US Patent and Trademark
Office (USPTO) agreed to re-examine the patent and rejected it in March, a decision
which is currently being appealed. However, Microsoft reportedly plans to make use of the 'prior art' argument
raised by the USPTO probe in its appeal. Speaking to the US media this week, Microsoft spokesman Jim Desler explained
that: "One of our main points is going to be over the question of the validity
of the patent and that the jury was prevented from hearing and considering evidence
related to important prior art during the course of the trial." .
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