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Eolas vs. Microsoft Verdict Stands, Despite ReExam

Posted by simoniker on from the big-webbing-deal dept.

theodp writes "A federal judge on Wednesday upheld a jury's $521 million verdict against Microsoft in the high-profile Web browser patent infringement lawsuit, denying Microsoft's motion to suspend a decision until the USPTO completes a reexamination of the patent. Eolas was also awarded prejudgment interest of $45 million. An injunction against future sales of IE that contain technology based on Eolas' patent was also granted, but put on hold pending an appeal."

5 of 55 comments (clear)

  1. Does this mean ... by craigmarshall · · Score: 5, Interesting

    An injunction against future sales of IE that contain technology based on Eolas' patent was also granted, but put on hold pending an appeal.

    Does this mean that distribution of IE (with ActiveX enabled) may be made illegal? Doesn't Windows Update, Flash, Java , Director, etc. need ActiveX to work?

    If this is the case, what if this patent-holding company decides to do the same to Mozilla, Konqueror, etc.? Are we screwed?

    Craig

  2. Re:on a more serious note... by Anonymous Coward · · Score: 4, Insightful

    It's called "due process" and if you don't grant Microsoft that right, then who will grant it to you when you are in need of it?

  3. This is extremely good news for us by 0x0d0a · · Score: 5, Interesting

    This is almost ideal news for the typical Slashdotter.

    First, the existing patent system is widely complained about. This patent probably shouldn't have been granted in the first place. However, if Microsoft had won this case, all that would have happened is that this particular patent would have been invalidated. Now, a major tech company just took a half million dollar loss because the PTO is using silly rules. The tech industry now has serious reasons to argue for modification of tech patents. Microsoft's patent portfolio is doubtlessly valuable in terms of preventing newcomers from entering the market, but there's a significant question as to whether it's worth half a billion dollars (plus all the other copycats that are likely to run out and start suing large companies).

    Second, someone had to take a nasty hit to get business folks upset about the state of things. And who would we rather have take the financial hit than Microsoft?

    Best patent news I've heard in a long time.

    I hope Eolas leaves Mozilla alone (well, AOL).

    --
    May we never see th
    1. Re:This is extremely good news for us by AllUsernamesAreGone · · Score: 4, Insightful

      The problem is that, this sort of hiccup aside, the patent situation is exactly what the big players in the tech industry want. Yes, that's .5 billion Microsoft is now out of pocket, but the potential loss could be even more immense if patent laws were changed to be more accurate - microsoft patents are not just used to prevent newcomers, they are used in cross licening schemes and as a revenue source. If a substantial number of them were cancelled it could result in microsoft having to pay future and possible back licenses. And it wouldn't just be microsoft, a large number of big companies would suddenly find fairly significant holes where patents sit now.

      I'd actually like that to happen (I'm vicious that way) but the tech industry is one big Old Boys network, it isn't going to push for reform.

  4. Eolas In Patent Talks With Linux Community by theodp · · Score: 4, Informative

    Eolas is talking with members of the Linux and open-source community about the use of its Web browser patent, which is at the heart of its high-profile infringement case against Microsoft, the company's founder said on Wednesday. "We're in discussions with major players in Linux world and working on plan to resolve '906 patent issue with entire Linux community," Eolas Founder Michael Doyle told eWEEK.com, referring in short hand to the full patent's number. "The solution will be supportive of open-source community." Full story.