Microsoft Files Appeal Against Eolas Ruling

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

10 June 2004

Despite the ongoing re-examination by the US Patent and Trademark Office (USPTO) of the patent relating to web browser add-ons which was granted to Eolas Technologies and the University of California, software giant Microsoft has filed a brief with the US Court of Appeals asking it to overturn a district court ruling which stated that Microsoft had infringed on the patent.

The earlier decision awarded Eolas and UC some $565 million in damages for Microsoft's use of the technology. However, Microsoft has argued that evidence demonstrating the existence of prior art was improperly limited in the trial.

"Microsoft respectfully contends that the district court erred multiple times on issues related to prior art and claim construction and the defense based on the inventors' fraud on the patent office, and that the court's errors fundamentally and profoundly distorted the proceedings," Microsoft spokesman, Jim Desler explained to CNET News this week.

Although Microsoft's legal appeal is focusing on software developer Pei Wei's "Viola" browser in its appeal for prior art to be considered, the USPTO is reported to be examining software developed by Dave Raggett which is thought to have preceded the technology developed by UC and Eolas.

In the brief filed with the Appeals Court, Microsoft asked that the district court's infringement judgement be reversed, or that the verdict be vacated and a new trial authorised.

Recommended