Eolas Ruling Against Microsoft Upheld

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

16 January 2004

Ruling this week, Chicago federal judge, James Zagel upheld a $512 million patent infringement judgement against Microsoft.

Explaining that he saw no reason to overturn an August jury verdict which ruled that the software giant's use of technology which allows web browsers to access external applications infringed on patents held jointly by the University of California and development firm, Eolas Technologies.

"This motion rehearses a set of arguments that failed the first time around," Judge Zagel wrote, continuing: "While I am not entirely comfortable with the large size of the judgement, it is not my comfort that matters."

Although, as part of his ruling, Judge Zagel barred Microsoft from distributing software containing the infringing technology, he immediately put the injunction on hold until Microsoft's appeal against the decision is concluded.

Microsoft has expressed confidence that its appeal will be successful. According to a spokesman, the firm believes that Eolas' patent will eventually be found to be invalid, either by the courts, or by the US Patent and Trademark Office, which announced in November that it would be re-examining the patent following: "A substantial outcry from a widespread segment of the affected industry."

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