Both Eolas And Microsoft Claim Victory Following Appeal Court Verdict

by Glen Shapiro, LawAndTax-News.com, New York

04 March 2005

Microsoft and Eolas Technologies have both claimed victory following an appeals court reversal of the $520 million patent infringement judgement against the former firm on Wednesday.

Although the United States Court of Appeals for the Federal Circuit agreed with a lower court's decision (upheld in January 2004 by Judge James Zagel) that Microsoft had infringed Eolas' patent, it argued that the court had "improperly granted judgement as a matter of law", and that furthermore, it had "improperly rejected Microsoft's inequitable conduct defence".

The patent in question covers technology which allows internet users to access "plug in" applications embedded in web pages.

Both sides have claimed that the appeals court ruling represents a victory, with Microsoft announcing that:"We have maintained throughout this process that the Eolas patent is not valid and today’s ruling is a clear affirmation of our position."

The University of California, which shares ownership of the patent with Eolas, observed, meanwhile that:

"We prevailed on issues that were most critical to Microsoft's argument, namely on the question of damages and patent infringement."

A retrial was ordered by the federal appeals court.

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