Microsoft Disappointed By USPTO Ruling On Eolas Patent

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

03 October 2005

The US Patent and Trademark Office last week affirmed the validity of a patent jointly held by the University of California and Eolas, much to the disappointment of software giant, Microsoft.

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 matter which is still being decided by the courts.

However, the USPTO's decision to uphold the Eolas patent is likely to have implications for Microsoft's case, as an appeals court earlier this year upheld its appeal, ruling that the firm should be able to present prior art evidence.

Speaking to CNET News with regard to the USPTO's validation of its patent, University of California spokesman, Trey Davis observed that:

"It is the second time that the patent office has thoroughly vetted the patent claim. We're pleased that the ruling confirms our position all along."

A Microsoft spokesman, meanwhile, announced that:

"This is very disappointing news, but we remain committed to seeing this case through to a successful resolution."

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