The patent in question covers technology which allows internet users to access "plug in" applications embedded in web pages, and Eolas claims that Microsoft has infringed it, a reading of the situation supported by a jury verdict delivered in 2003.

In March, the decision was partially reversed by a federal appeals court, but following the Supreme Court's rejection of the case in November, the matter will now proceed through the federal district courts.

The software giant received an additional setback earlier this year when the US Patent and Trademark Office affirmed the validity of a patent jointly held by the University of California and Eolas.

As a result, Microsoft revealed last week that from January, it will distribute new code in its regular updates which will update the way in which IE interacts with sites which contain Active X content.