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USPTO Rejects Eolas Browser Patent Claims For Second Time

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

20 August 2004

The US Patent and Trademark Office (USPTO) has once more ruled against Eolas Technologies over a patent held by the firm which describes the way that web browsers open "plug in" applications.

Eolas, which exclusively licenses technologies developed by the University of California, had accused Microsoft of taking the technology, which allows users to access interactive programs embedded in web pages, and bundling it with Windows as its own ActiveX technology.

Last August, a jury ruled that Microsoft had infringed patents granted to the University of California but administered by Eolas, and ordered the software giant to pay out $520.6 million, a ruling which Microsoft is now appealing.

Although following its decision to re-examine them, the USPTO has now rejected Eolas' patent claims twice, the firm will likely be given one more chance to argue its case before the patent authority.

According to a CNET News report, Microsoft welcomed the decision, announcing that:

"Today's action is another step in the Patent Office's reconsideration of the Eolas patent. We've maintained all along that when scrutinized closely, the Eolas patent would be ruled invalid."

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